steve winn
Aug 21, 2013, 04:54 AM
I have an older sister, wealthy, who sought and received conservatorship of Mother with alzchiemer's here in Kansas. Sister posted a 25,000 bond with county court to receive that power from County court, as sole conservator. Myself, poverty stricken, single, no real estate, retirement age. Mother had no legal last will and testament. Mother died, and sister tells me she lost access to bank accounts, with conservatorship legally ended, sister says Mother's property goes to estate, and perhaps Mother's farms to be auctioned off. Now what? I cannot afford a lawyer, I have to accept what sister's lawyer says, and play along, I have rented one of Mother's farms since 1977 and lived here, and spent a lot of money over years as new construction of dairy related additions of buildings, concrete walks, etc upon farm parents owned with verbal agreement from father I would receive the farm upon his death because of my personal many thousands of investments here, and also as a limited partner, as owner of half of the dairy cattle until father's death in 1999. Later, I rented the farm land of this and other parents' farm, until I had to quit for health reasons. So, what now? Do I at least receive this farm, or half of money from auction of both farms, as one of two surviving children? Sister is claiming the other farm, more land and better improvements as a showplace double value overall, as she used personal funds to pay for any extra expense of our Mother kept in assisted living, as total yearly income from renting farms and SS did not cover expense yearly of assisted living and other expenses of Mothers' property?
ScottGem
Aug 21, 2013, 05:02 AM
Any question on law needs to include your general local as laws vary by area. But if Mom died intestate, and you are your sister are the sole survivors, then its likely you are entitled to half the estate. You need to make sure the estate is submitted for probate (probably already happened in such a large estate) and you need to make sure that an accounting of the estate is done and that you receive a copy. You don't necessarily need an attorney unless you feel you are being cheated. But with such a large estate, you should be able to get an attorney to take your case on spec since you do stand to get a significant inheritance. I would shop around for an estate attorney and explain your situation.
AK lawyer
Aug 21, 2013, 05:15 AM
Any question on law needs to include your general local as laws vary by area. ... But with such a large estate, you should be able to get an attorney to take your case on spec ...
OP said it is Kansas.
The phrase is "on a contingent fee". I agree.
ScottGem
Aug 21, 2013, 08:03 AM
Whoops missed that and I looked twice.
The law is here: KS Statutes: Ch 59 Article 5: Intestate Succession (http://kansasstatutes.lesterama.org/Chapter_59/Article_5/#59-502)
Assuming there are only the 2 children, then you each equally share the estate. (if there were any other siblings that are now deceased, their survivors would get their share).
What this means to you, is that whatever you wind up with needs to represent half the value of the estate (after expenses). Assuming your sister can deduct expenses is the executor she can deduct the expenses of the estate. She can also take reimbursement (off the top) of money laid out prior to the death of your mother.
But lets say that has all been completed. Lets say the estate consists of 2 farms and other liquid and non liquid assets. So lets say farm 1 is appraised $1,000,000 and farm 2 at $500,000. Sis can take farm 1 and give you farm 2 plus another a half million of other assets, then split the remainder. Or lets say you want farm 2 and sis wants to auction farm 1 and gets $1,000,000 in cash. The cash is added to the value of the other assets and sis takes a half million then you split the rest.
Bottom line is at the end of the day, you should each share equally in the proceeds of the estate. But the distribution of assets should be equitable, so you each agree and each receives approximately equal value.