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Vixeninvegas
Member
10-07-2002
| Thursday, March 18, 2004 - 5:23 pm
Since I just know ya all are sooooo smart I thought I would ask this question here - you all have NEVER let me down yet My parents live in Topeka Kansas & they have been told by other relatives that I can not be the executor of their estate. I am their only child. I am 41 years old & live in Las Vegas, Nevada. Everything they have they have added my name to (i.e. Home, Investments, etc.) - they have taken care of that. But people they are speaking with are frightening them saying that since I am not a resident of Kansas I can not be their executor. I have read on the internet that "ideally" the executor should reside in the same state but nowhere have I found that they MUST. Thanks so much in advance for any light anyone can shed on this subject
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Weinermr
Member
08-18-2001
| Thursday, March 18, 2004 - 5:29 pm
Vixen, The laws of each state ARE different, specifically in terms of probate, and the administration of trusts and estates. I'll see what I can find regarding Kansas specifically.
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Weinermr
Member
08-18-2001
| Thursday, March 18, 2004 - 5:51 pm
Vixen, First of all, I'm not an attorney, and for definitive advice you should consult an attorney who practices Estate Planning in Kansas, or who is familiar with Kansas law as applies to the Probate Code. However, here is what I've found upon quick review. Article 59-706 of the Kansas Statutes (Chapter 59 is the Kansas Probate Code) says the following: "Letters of Administration or Letters Testamentary may be granted to a nonresident of this state when the nonresident has appointed an agent pursuant to Kansas Statutes Article 59-1706." Letters of Administration or Letters Testamentary are the court's official appointment of an Executor or Administrator of a decedent's estate. K.S.A. 59-1706 says that, "Every nonresident appointed a fiduciary in this state, before entering upon the duties of the trust or estate, shall appoint in writing an agent residing in the county where the appointment is made. By such writing, the nonresident fiduciary consents that the service of any notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary within such county and state." I've paraphrased and condensed some of what I posted above. But what it boils down to, is that you could be appointed Executor, as long as you appoint someone as your Agent for the purpose of service of any notice or process. You could hire an attorney for that purpose, or perhaps a family member residing in Kansas could serve for you in that capacity. Again, I recommend you consult an attorney familiar with Probate practice in Kansas, but it sounds like you would be able to act as Executor, should the need arise. I hope this helps.
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Jan
Member
08-01-2000
| Thursday, March 18, 2004 - 5:54 pm
Hey, great thread Vixen. Makes me really think because my Mom lives in Arizona and I think I am their executor. They have a trust or something set up. ("they" being mom and stepdad). Can they do that or do they need an Arizona resident and/or an American citizen???? PS I am a canadian citizen living in Ontario Canada.
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Weinermr
Member
08-18-2001
| Thursday, March 18, 2004 - 6:03 pm
Jan, Here's a link to the Arizona Revised Statutes, where you can do some research. Title 14 concerns the administration of estates and trusts: Arizona Revised Statutes - Title 14
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Fanny
Member
09-13-2000
| Thursday, March 18, 2004 - 6:11 pm
And to chime in on what Weiner said... (I'm not an attorney, either, but I agree that you absolutely should talk to an attorney familiar with Kansas probate)... Weiner's citation of the Kansas statute is provided probate proceedings are initiated in a Kansas probate court. If your parents have added your name to all of their assets that would be probatable (real estate, certain investments, bank accounts with no beneficiary named, autos, etc.), as you stated, then there would be no need to open an estate. Depending on what exactly they did and how they did it, title to those assets would transfer to your name without the necessity of probate. If there are no probatable assets, and you don't have to open an estate in a Kansas probate court, there is no reason for anyone to question your authority as long as you are named executor (or personal representative) in their will(s). For what it's worth.
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Dipo
Member
04-23-2002
| Thursday, March 18, 2004 - 6:38 pm
My only question would be did your parents just add you to everything or did they consult with an attorney who added you? I can't imagine an attorney in Kansas would set your parents up with you as executor if it was illegal. And based on the above it looks like you just need an agent in the state. Secondly, I would be a little suspicious of these "well meaning" relatives. Are they trying to get control of your parents estate, or are they real well meaning people? This kind of stuff always makes me a little suspicious.
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Jan
Member
08-01-2000
| Friday, March 19, 2004 - 10:31 am
Thanks so much Weinermr..I am off to peruse the site I really appreciate your efforts!
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Jan
Member
08-01-2000
| Friday, March 19, 2004 - 10:40 am
What a great site, Weinermr. I found this right away in the FAQ section. I don't think I have to worry about probate at all since my Mom has this living trust setup.. I assume that means I don't have a problem???
quote:Trust assets, which are titled in the name of the trustee and that pass according to the instructions to the trustee stated in the trust agreement. Creating a trust to hold assets is one of the most common ways to avoid probate. Assets owned by a trustee for the benefit of named beneficiaries are not probate assets and avoid probate.
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Vixeninvegas
Member
10-07-2002
| Sunday, March 21, 2004 - 8:58 am
You guys are all soooooooooo amazing - no matter what problem I'm in someone on this site will always point me in the right direction - Much love to you all!!!! I'm not really worried about this since I'm more interested that my parents have a wonderful retirement and they have been doing so for the past 13+ years but it upset them to think that they had to put someone else in the mix when they want everything to go to me. I hate thinking of this kind of stuff - I have told them over & over to "spend my Inheritance" on travel & fun - that would be a greater gift to me. I was just trying to put their mind at ease. Thanks again all - I am printing this group of responses to send to them. Have a wonderful weekend (or whats left of it anyway)
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