Duel State Probate

[ckbear]

What is the name of your state?Kansas.
Uncle lived in Colorado most of his life and became unable to handle his affairs. Cousin was appointed by CO as the Limted Guardian and Personal Adminstrator. Uncle came to KS, living in Rest Home for 4 years, cousin then returned him to CO for 60 days and he dies with a Holographic which was filed in CO Probate Court. Can copy of will be filed in KS where he was domiciled for 4 years prior to his death as he considered KS his home?

 

[BlondiePB]

Something stinks with this situation.

Did uncle have any assests in KS?

Limited guardianship was over uncle's estate, correct?

 

[ckbear]

KS. He did own property in KS but Guardian sold it before he died. It is currently filed in CO but since he was domicled in KS, can it be filed there also?

 

[BlondiePB]

There is nothing to probate in KS. However, your cousin seriously violated his duties as guardian of the estate. An estate and estate documents cannot be changed without court appoval. Your uncle's estate at the time the guardian of estate was appointed was an intestate estate (no will). You need to contact an attorney that does both guardianships and probate in the county where guardianship of the estate was established to look at what was done, contest the Halographic will, and determine if you have a claim to the estate.

 

[ckbear]

KS: Thank you for the info. I do have an attorney in CO and we are contesting the Holographic will due to several issues. My thoughts were that if the Uncle was not domicled in CO, the will could not be probated there. I would file a copy of the will in KS since I only have 6 months to do it. Thanks for you help.

 

[divgradcurl]

My thoughts were that if the Uncle was not domicled in CO, the will could not be probated there.

You already got answers to everything, but I just thought that you might be interested to know that you can generally probate a will in the state

a) where the deceased died;
b) where the deceased was domiciled; or
c) where the will was executed.

Usually you will want to probate the will in the state wherever the deceased had real property, if appropriate, because that state will have jurisdiction over the real property, and things will go quicker. But there are options...

 

[seniorjudge]

KS: Thank you for the info. I do have an attorney in CO and we are contesting the Holographic will due to several issues. My thoughts were that if the Uncle was not domicled in CO, the will could not be probated there. I would file a copy of the will in KS since I only have 6 months to do it. Thanks for you help.

I doubt that KS will let you file a brand new proceeding since there is one in CO. KS does not want to rule on the validity of CO proceedings. You could, however, ask an attorney in KS if you can file an ancillary proceeding in KS. In any event, you have a two-state fight on your hands.

 

[ckbear]

Thank you all for you valuable insight on this matter and believe me, I have few answers. Not for sure what part or any this plays but Uncle was on a feeding tube which was removed when he was returned to CO. Thanks again for all the help, I really appreciate it…………….

 

[BlondiePB]

I doubt that KS will let you file a brand new proceeding since there is one in CO. KS does not want to rule on the validity of CO proceedings. You could, however, ask an attorney in KS if you can file an ancillary proceeding in KS. In any event, you have a two-state fight on your hands.

Agree about filing a new proceeding in KS. The proceeds from the property sold in KS should be in the guardianship of estate account estabilished in CO. The lawsuit, thus, needs to be in CO jurisdiction and is the path of least resistance. Unless the buyer of the house in KS was part of some fraud, why would there have to be a two-state fight? There was no guardian of the person for the uncle - just guardian of the estate.

 

[seniorjudge]

Agree about filing a new proceeding in KS. The proceeds from the property sold in KS should be in the guardianship of estate account estabilished in CO. The lawsuit, thus, needs to be in CO jurisdiction and is the path of least resistance. Unless the buyer of the house in KS was part of some fraud, why would there have to be a two-state fight? There was no guardian of the person for the uncle - just guardian of the estate.

The KS court could hold that the dough from the house is KS assets and are staying there. The CO court could say just the opposite.

You know how contrary these judges are....

 

[BlondiePB]

The KS court could hold that the dough from the house is KS assets and are staying there. The CO court could say just the opposite.

You know how contrary these judges are....

The house was sold prior to the death. However, the "operative" words here are "could hold". Thanks for the explanation.

Judges are contrary???? That's an understatement!!

 

[seniorjudge]

Judges are contrary???? That's an understatement!!


I MUST disagree with you...I'll think of a reason why in a couple of days and let you know.

 

[Dandy Don]

Probate normally is filed only in the state where the death occurred. No reason to do it in Kansas unless their was property there that decedent was owner of at time of death.