how does the law work in probate in kansas city kansas?
my father passed away and he had told me few years back the kids were geting half equally shared, the lawyer has my address why does he need it, how does this work
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Answer 1 :
If your father died with a will, (that is, testate), then the lawyer for the executor needs your address to send you notices of the probate proceedings. The executor will file a petition for either formal or informal probate in the probate division of the District Court of Wyandotte County, Kansas. It will be set for a hearing after notice has been sent to all of the interested heirs, and after notice has been published in the official legal newspaper for the county. After the Executor of the estate has been appointed and letters testementary have been issued, the Executor will then marshall all of the assets of the estate, pay any creditors, and prepare a distribution of the estate to the heirs. If your father was married when he died, without his wife's consent he can't leave everything to the children. She is entitled to the "widow's elective share". However, if she approved of it in advance, and/or waives that, then you will still get your share. If your father died without a will, then Kansas law governing succession determines how to proceed. In that case, his wife is entitled to one-half of the estate (after payments to creditors) and his children are entitled to the other half, to be shared equally. For further information, please contact an attorney who can explain your rights more fully after reviewing your situation. For a referral, contact your local or state bar association.
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