Attorneys for Wills in Wichita
Even if your assets are modest, if you own a home or a business or have a family in the Wichita area, you should have a will prepared promptly by a Wichita will attorney at Larson, Brown & Ebert, P.A. We can help you clearly convey your wishes and instructions regarding your estate.
If you pass away without a will, your wishes and instructions may not be carried out. In Kansas, if you do not leave a will, your estate is divided and distributed according to the state’s intestacy laws, which automatically transfer your property and assets to your family members.
If you die intestate in Kansas, a spouse inherits everything if there are no children. If both a spouse and children survive, the spouse typically receives 50% and the children 50%. Assets go to parents if there are no children or spouse, then to siblings, or to the state if there is no family.
How Does a Will Affect the Probate Process?
A probate proceeding is usually required in Kansas when a deceased person owned real estate in their own name or personal assets valued at over $75,000. The details of a probate proceeding depend on the answers to these questions:
- Did the decedent leave a valid will?
- What is the value of the decedent’s estate?
- Is the decedent’s will being contested?
A precisely written will moves through probate more easily than a will that is created without a will attorney’s insights and guidance. A lengthy probate process can generate substantial expenses that must be paid directly from the estate at the expense of the heirs or beneficiaries.
Could Your Will Be Contested?
Why should you have the guidance of a Wichita will lawyer at Larson, Brown & Ebert, P.A. when you draft a will? Because that lawyer can ensure your will meets the legal requirements, is free of mistakes, and makes your intentions unmistakably clear.
In Kansas, only those with a direct financial interest may contest your will in probate court. This may include disinherited spouses or children, or beneficiaries named in previous wills. A challenge usually must be initiated within three months of a will’s admission to probate.
When a Wichita will attorney at Larson, Brown & Ebert, P.A. prepares your will, the will’s language leaves no room for misunderstanding. Larson, Brown & Ebert, P.A. can draft a will that is clear, precise, binding, and enforceable by the probate court.
What Does Kansas Law Require?
In Kansas, a valid will must be in writing. It must be signed by the person who creates the will (called the “testator”). The testator must be at least 18 years old and of sound mind.
A valid will must also be signed by two “disinterested” witnesses (individuals who are not inheriting from the will) in the presence of the testator and one another. Larson, Brown & Ebert, P.A. can ensure that your will meets all the requirements of Kansas law.
Kansas law does not require you to have your will notarized, but notarizing a will makes it “self-proved,” meaning the witnesses do not need to be contacted by or testify before the probate court.
What Else Should You Know Regarding Wills?
If you’re a parent, creating a will is one of the most important steps you can take to protect your children’s future. In your will, you can name a guardian for your minor child or children — someone you trust to raise them if the unexpected happens. Without this in place, the court may have to decide who takes on that role, which can add stress and uncertainty during an already difficult time.
You can also designate an executor to manage your estate, ensuring your finances, property, and final wishes are handled responsibly and in accordance with your intentions. For many young families, this provides peace of mind knowing that both their children and their assets will be cared for by the right people, no matter what the future holds.
Avoid do-it-yourself “kits” and blank will forms. Your situation is unique. You should have an attorney’s personalized insights and advice. A Wichita will lawyer at Larson, Brown & Ebert, P.A. can go beyond creating a will that merely meets the basic legal requirements.
Larson, Brown & Ebert, P.A. can include your will as part of a comprehensive estate plan that protects your wealth during your life and after your death. Without an effective estate plan, you could leave your family unprepared for the future. We can help you create a will and plan your estate.
Let Larson, Brown & Ebert, P.A. Work for You
Larson, Brown & Ebert, P.A. advises and assists our clients throughout the Wichita area with will preparation and estate planning. We also advise executors on estate administration and represent executors, heirs, and beneficiaries in probate disputes.
To establish a will or learn more about our estate planning services, contact us at 316-530-8621 to schedule your first meeting with a will attorney at Larson, Brown & Ebert, P.A.
