Kansas Probate

[howamidoing]

What is the name of your state?Missouri
Probate is in Kansas. Does anyone know where I can go to find out the statutues/guidelines for land division in Kansas regarding probate? I know that they do not divide the land, everyone has equal share. Does anyone know about this and can explain it to me? Thanks for your time.

 

[BelizeBreeze]

What is the name of your state?Missouri
Probate is in Kansas. Does anyone know where I can go to find out the statutues/guidelines for land division in Kansas regarding probate? I know that they do not divide the land, everyone has equal share. Does anyone know about this and can explain it to me? Thanks for your time.

If there is a probate action then the will or, if no will, intestate succession will provide the equity distribution.

And you are wrong about one thing. Land or anything of value is distributed equally according to the two conditions listed above.

 

[howamidoing]

If there is a probate action then the will or, if no will, intestate succession will provide the equity distribution.

And you are wrong about one thing. Land or anything of value is distributed equally according to the two conditions listed above.

OK. Well I was only going by the attorney saying everyone has equal share. Im not sure if there was a will, the attorney hasn't been very forthcoming with us.The whole idea of probate is confusing.When he spoke with my husband he said everyone's name would be on the deed, I guess it will sort itself out. Thank you for your answer.

 

[BelizeBreeze]

OK. Well I was only going by the attorney saying everyone has equal share. Im not sure if there was a will, the attorney hasn't been very forthcoming with us.The whole idea of probate is confusing.When he spoke with my husband he said everyone's name would be on the deed, I guess it will sort itself out. Thank you for your answer.

It sounds like there wasn't a will. In which case, once probate is complete you can sue for partition and have the place sold and the proceeds split according to ownership interest.

 

[howamidoing]

It sounds like there wasn't a will. In which case, once probate is complete you can sue for partition and have the place sold and the proceeds split according to ownership interest.

Thank you again for your input, they dont want to sell it though because its been in the family since the 1800s. So I guess they will just have to take it how it goes. You have been helpful, thanks again.
One more question, sorry. Do you know, will they be listed as tenants in common with no rights of survivorship? What generally happens with property with so many people on the deed. There are 9 of them..SHEESH.. Nobody will be able to do anything with it correct? Thanks again.

 

[BelizeBreeze]

There won't be a Rights of Survivor on this deed. It will simple be Tenants in common.

And it doesn't matter what 'THEY' want. Only one person needs to want to sell or be bought out for Partition to proceed.

 

[howamidoing]

There won't be a Rights of Survivor on this deed. It will simple be Tenants in common.

And it doesn't matter what 'THEY' want. Only one person needs to want to sell or be bought out for Partition to proceed.

Thanks for your input. I did more research on the tenants in common and suing for partition. It seems one of the sisters wants to buy out everyone's share and with a house being on the property she is being kind of pushy.So Im sure he will have to sell as we dont have money for all of the legal stuff.Anyway,I appreciate all your help Belize in leading in the right direction of what to research.