Best Probate Lawyers in Lawrence

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Lawrence, Kansas?

  Calls for non-emergency police assistance should be made to the Douglas County dispatch office at 785-843-0250.

• Where can I get a copy of police reports for incidents related to my case in Lawrence, Kansas?

  Contact the Records Division of the Lawrence Police Department if you wish to obtain incident reports related to your case. If the record is open and available, make your request in person or email your request to recordrequest@lkpd.org

• Is a probate lawyer necessary for the personal representative of an estate in Lawrence?

  Kansas law does not necessarily require the personal representative of an estate in Lawrence to retain an attorney. However, a probate attorney can help address the legal complexities of resolving an estate and complying with the fiduciary duties of a personal representative. Early in the estate administration process is the best time to consult with a lawyer so that proper measures are made for the court appointment of the personal representative and to assess what method will be required for estate administration.

• Does the court require a probate process for every estate plan in Lawrence?

  Not all assets in Lawrence are subject to probate. Property and assets that do not go through probate include the following:

  • Property possessed by the decedent as a joint tenant with a right of survivorship in another person or persons 
  • Assets placed in a living trust during the decedent's lifetime
  • Assets that are automatically transferred upon death due to a beneficiary designation, such as a life insurance policy or a retirement account
  • Financial accounts and securities with transfer-on-death or pay-on-death provisions

• What happens to your assets if you have passed away without a will in Lawrence?

  If you pass away without a will in Lawrence, your assets will be considered as dying intestate, wherein the state takes responsibility for dividing assets among descendants via a probate court. Only solely-owned property of the deceased is subject to probate if they did not leave a will. Other assets, such as a living trust or life insurance policy, retirement accounts or 401(k)s, joint property with a right of survivorship, and property listed as pay-on-death, can be distributed before intestate succession.

• What are the valid reasons for a will contest in Lawrence?

  You are eligible to challenge a will if you are a beneficiary or someone who would have received property under the state's rules for "intestate succession." Some valid reasons to contest a will in Lawrence are the following:

  • Incorrectly excluding a spouse or kid from a will.
  • The testator's incapacity to make the will.
  • Technical errors, such as modifying a will without two witnesses or distributing property that is not part of the estate, can invalidate it under Kansas law.
  • Forged wills or deceived testators.
  • Unknown will revision.

• When someone dies in Lawrence, how long do their heirs have to file for probate?

  The heir must file for probate in Lawrence within six months of the decedent's date of death. Additionally, any interested party with access to a will has six months from the date of death to submit it for probate. Death tax returns and payments may be due no later than nine months after the decedent's date of death. All debts, taxes, and fees can be settled before the six-month mark for assets with a value no more than the law permits.