A will is a simple document that is foundational in estate planning. It gives you control over the administration and distribution of your estate, enabling you to provide for your loved ones. Unfortunately, not many individuals worry about writing a will until it is too late in life. A wills attorney in Wichita can help you understand the benefits of creating this basic document, even if you believe that it will be decades before you need it.
If you die without a will or create one that is invalid and not upheld by the court, your estate will be subject to intestate succession laws. You do not have a say in who manages your estate or benefits from it. Dividing assets by intestate law instead of your wishes can be complicated, and it often causes disputes between your loved ones over specific assets or the payment of debts and expenses. Basic estate planning can save time and stress for your loved ones and ensure clarity about the distribution of your estate.
Intestate Succession Laws in Kansas
Intestate law prioritizes the relatives of the deceased to inherit their estate. Some individuals do not wish their family to benefit from their estate. Even for those who want their relatives to inherit according to the state’s succession laws, this should be outlined in a will. The state laws can be changed, and they do not cover the specific management of your assets that a will can.
The first and most important determination in intestate law is whether a deceased individual is survived by their spouse. If the deceased has a surviving spouse, the estate is distributed as follows:
- The entirety goes to a surviving spouse if there are no children or any blood or adopted descendants of deceased children.
- Half of all property goes to the surviving spouse if the deceased also has a surviving child, children, or descendants of deceased children.
If the deceased has no surviving spouse but has surviving children or surviving dependents of deceased children, the estate is divided as follows:
- The entirety is passed to a sole surviving child or split into equal shares between surviving children.
- The adopted or blood descendants of deceased children will collectively receive the equal share that their parents would have received, split between them.
This method of splitting property between descendants is also used if the deceased’s spouse survives and receives half of the estate.
If the deceased leaves no surviving spouse, children, or descendants of their children, the estate is distributed as follows:
- The entirety goes to a surviving parent or is split in equal shares between surviving parents, whether those parents are related by blood or adoption.
- It goes to the heirs of deceased parents in equal and respective shares that the parents would have received, distributed according to intestate laws.
- It goes to any heirs and relatives related to the deceased or their relatives, but it is limited to those related to the deceased by no further than six degrees
Intestate law exists to provide inheritance to anyone you are related to before the estate passes to the jurisdiction of the state. However, if there are no such heirs or relatives, then the estate will become the property of the state. This is an uncommon occurrence due to the number of relatives that must be considered.
FAQs
Q: Who Inherits When There Is No Will in Kansas?
A: If there is no will in Kansas, the spouse and/or the children and grandchildren of the deceased will inherit the estate first. If there is only a surviving spouse, they receive the entire estate. If there is both a surviving spouse and surviving descendants, each receives half the estate.
If there are only surviving children or descendants of deceased children, they will inherit the entire estate. Each child of the deceased will receive an equal share of the estate, with the descendants of deceased children collectively receiving their parent’s portion.
Q: Are You Required to Have a Will in Kansas?
A: You are not required to have a will in Kansas, although you need a will if you want any say in how your assets are distributed and who is in charge of the management of your estate. Your estate is the collection of all property, finances, personal property, and other assets you own, along with your debts. Without a will, those assets are distributed according to state inheritance laws, and your estate is managed by a court-appointed individual.
Q: How Do I Avoid Probate in Kansas?
A: You can avoid probate in Kansas with comprehensive estate planning. The most effective and commonly used tool in comprehensive estate planning is a living or revocable trust. A trust is a legal entity that allows you to name the beneficiaries of your assets, just like a will. Unlike a will, however, these assets are kept under the ownership of the trust and the trustee you name, so they do not pass into state jurisdiction when you die. This keeps the assets and their transfer private and outside of probate.
Q: How Can You Avoid the Inheritance Tax in Kansas?
A: Kansas does not have an inheritance tax or an estate tax. Depending on your property and financial circumstances, you may be subject to federal estate taxes or inheritance or estate taxes on property you have in other states. These taxes and the costs of probate court can cut into the benefits you want to leave your beneficiaries. Comprehensive estate planning could avoid some of these losses. Revocable trusts can avoid the costs of probate, while irrevocable trusts can protect assets from certain taxes or judgments.
Contact Stange Law Firm in Wichita, KS
Making a will can help protect your own interests, the well-being of your loved ones, and your assets and estate. In a will, you can inventory your assets, list how debts can be paid, allocate resources for probate expenses and funeral costs, name a guardian for your minor children, and name an executor to manage the estate. You can also state the loved ones, family members, and organizations you wish to benefit from your estate and assets.
It’s crucial that your will is legally valid and can be enforced after your death. Working with the right estate planning attorney can help you with this. Contact the wills and estate planning attorneys at Stange Law Firm today.
