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  1. #1
    tampeka Guest

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    This question is about probate estate in Kansas. My parents named my sister as executrix and the value of the house and property to be divided among the 7 siblings. My sister turned over her duties as executrix to a lawyer and neither of them share information about what is going on with the estate. Shouldn't there have been legal documents filed to allow the lawyer to act as executor?

    My mother's death preceded my Father's death and they owned the property as Tenants in Common. After filing probate, the lawyer obtained a court order declaring that when my mother died, half of her one half interest went to my father and the other half to her 7 children to be divided equally. The lawyer then mailed out QuitClaim Deeds requesting that each assign their interest in the property to the estate and allow him to "close the estate". Five have complied. I have not. I refuse to cooperate because despite numerous requests, the lawyer refuses to provide information regarding the financial status of the estate. The sister that turned everything over to him says that she doesn't know anything either. Although there is "supposedly" a potential buyer, the selling price is undisclosed.( According to county records, Fair Market Value of the property is less than $40,000. There has been no inventory of household furnishings. However, much of it has disappeared from the house.) I believe the siblings should know the selling price of the property. Perhaps one of us would want to buy it! There has been no information regarding the value of household inventory or estate expenses and expenditures. This has been going on for two years.
    The lawyer simply states that he will get the information to us, but never does. Can the property be sold and the estate closed absent my agreement to assign my interest to the estate? What are my legal options?

    Thank you in advance for your answer.



    [Edited by tampeka on 06-23-2001 at 06:35 PM]
  2. #2
    advisor10 Guest
    JUNE 25, 2001

    DEAR TAMPEKA:

    Your sister does not automatically have to ask the lawyer to file a document allowing him to be executor. She is probably relying on his expertise for advice/professional counsel on how to perform her executor duties properly, but she is still actually doing the work.

    The property can NOT be legally sold without agreement of all parties. If you are interested in making an offer on the property, do so by contacting the real estate agent that is selling the home.

    I agree with you that it is very unprofessional for the attorney not to respond to your requests for information, but technically he doesn't have to do it. You can review all estate documents after the estate has closed, since probate file is public record.

    You should seriously consider going ahead and signing the quitclaim deed so that the estate affairs can be closed and so that the home sale can proceed and so that all you heirs can receive your check from the sale of the home. By delaying your signature, you are unnecessarily holding up the estate and looking somewhat less than responsible in the eyes of the probate court and the other heirs.

    SINCERELY,

    knort@my-deja.com

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