Sister passed in Feb., no will

What is the name of your state? Kansas.
My sister passed away unexpectedly in February this year. She did not have a will that we can find. She was married with 2 adult children (28 and 30). She named me as beneficiary of 60% of her life insurance (which I was surprised to learn) and 20% each to her two children. She did not name her husband as beneficiary on her life insurance or her 401K. She may have also done a "quick deed" (? not sure if correct term) taking her husband off of their house, which he signed. (He had some legal problems a few years ago and she was protecting her home.) He has not gone to a lawyer to determine what he needs to do. I feel because I was left 60% of her life insurance that I should take care of her business (pay her funeral expenses, taxes, etc.) He filed married filing single for 2006, but did not file my sisters taxes for 2006. I also realize we have to file her final taxes for 2007 - 9 months from the date of her death. My brother-in-law has taken off -- I think it's too much for him to bear.

What should I do? I'm wary of going to a lawyer because I'm afraid they'll take advantage of the situation. I guess I'm asking two questions: 1) what should my first step be? 2) what questions should I ask a lawyer to make sure he/she is the one for my situation?

Advise is greatly appreciated.What is the name of your state?

I believe life insurance proceeds are not part of the estate, so you have no legal obligation to provide funds to settle the estate. The executer of her estate is responsible for filing taxes, probate, etc. Who is the executer?

There was no executor appointed because there was no will. Her husband has not stepped up to the plate, as a matter of fact, he has left town. Should I/can I file to be executor? What happens if no one files to be executor? Is her house just left to sit and rot and her belongings - that she worked so hard for - be left to collect dust or possibly stolen if someone realizes her house is vacant?

Go to an experienced probate lawyer.

You have a real mess on your hands; don't be afraid to ask for reimbursement as personal representative.

Believe me, you will earn it.

By the way, it's a quit claim deed and you cannot get someone off title who does not consent to it.

Kansas Intestate Succession Laws

If any part of a Kansas decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent leaves no surviving children or issue of a previously deceased child.
* If the decedent is survived by children or the issue of a previously deceased child, the surviving spouse is entitled to one-half of the value of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2. Decedent's parent or parents equally.
3. Heirs of decedent's parents, as if each parent had an equal share and died intestate. If there are no surviving heirs of one parent, everything goes to the heirs of the other parent.

3. State of Kansas. If there is no taker under any of the above provisions, the intestate estate passes to the state of Kansas.

Kansas Intestate Succession Law Fun Facts

* Like the famous game Six Degrees of Kevin Bacon, property can only be inherited by somebody within six degrees of kinship to the decedent.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). However, these rules don't apply if the end result is that the state of Kansas gets the intestate estate.
* Evildoers take note! Any person who is convicted of killing or procuring the killing of the decedent cannot inherit via intestate succession or otherwise.
* Kansas' intestate succession laws, as well as other related laws, can be found in Chapter 59 of the Kansas Statutes Annotated.

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http://www.finance.cch.com/pops/c50s10d190_KS.asp

I found this guide that might help answer some basic questions and allow you to formulate some more specific questions.

http://www.oznet.ksu.edu/library/famec2/L851.pdf

Reply to SeniorJudge

Thank you for the term "Quit Claim Deed" My brother-in-law confirmed that he signed it to protect the house for my sister.

Is personal representative the same as executor? Would I be the best person to be in that role (why would she leave me 60% of her life insurance and not her children?) Or, should I encourage my niece (my sister's oldest daughter to step into that position)?

You're feedback is greatly appreciated. I don't want a big family mess -- I am sad that I've lost my sister and I don't want any part of the money. I don't want to lose my niece and nephew and brother-in-law because of this situation.

Reply to Ozark Sophist

Thank you for the information you provided. I will go to the link.

The life insurance is seperate and you do not have to contribute any funds to the estate. From my reading of the link and information SeniorJudge provided, your brother-in-law is entitled to 50% and each of the adult children 25%. The representative is entitled to reimbursements for expenses from the estate. If you think it would honor your sister's memory to be her representative, do so. You may be in a better position time wise (retired maybe?) then her adult children and given you are not in line to inherit from the estate, you might be more partial. This is something you should discuss with both of your sister's children.

Reply to Ozark Sophist

Thank you again - your information has been very helpful. My sister was only 49 and I'm 39 so I was not expecting to be in this position at this point in our lives. I am deeply saddended by my brother-in-law's actions or lack of action.

I printed and have started reading the Wills & Probate for Kansas from the link that you provided - it has very good information in it.

Thank you.

Just a thought... did she have the life insurance policy for a long time? Many times people will split it that way so the children have money and the person who is to take care of them does as well. Maybe she wrote the beneficiaries up when they were minors? (Of course that wouldn't explain why her husband was left out.)

Reply AL HR

Thank you for the thought. The beneficiaries were revised 7 years ago. I'm just at a total loss. Maybe she was going to ask me to be executor, but never got around to it. You never think you're going to die at 49. She was obviously thinking something when she wrote my name as beneficiary and allocated 60% of the life insurance funds -- I just wish I knew what she was thinking.

Since this has happened, my husband and I have made sure our estate is all set for our kids or those left behind. This is hard!