Kansas Small Estate Affidavit Ceiling Increased

Effective July 1, 2023, the ceiling amount for a Kansas small estate affidavit per K.S.A. 59-1507b increased to $75,000.00, up from the previous $40,000.00. Meaning, that in an estate where a decedent died with assets (such as bank accounts, vehicles, and personal property) that do not exceed $75,000 in value, an heir may execute a small estate affidavit establishing these facts and may then inherit the assets of a decedent as instructed...

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IRS Makes Large Increases to Health Savings Account Contribution Limits for 2024

HSA Max Contributions for 2024  For 2024, individuals under a high deductible health plan (HDHP) will have an HSA contribution limit of $4,150. The HSA contribution limit for family coverage will be $8,300. If you are age 55 or older, the catch-up contribution, currently $1,000, still applies for 2024. I hear from many people the concern of “use it or lose it”. That does not apply to HSAs. That applies to employer...

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Establishing Title to Real Estate Property After Death

I regularly receive calls from clients who are the children or grandchildren of long ago deceased parents or grandparents who owned and remain the title owners of real estate, usually farm land or undeveloped lots at or near a lake. My clients seek to establish clean title to the real estate, usually in order to sell the real estate. In the State of Missouri, many times we are dealing with undeveloped lots at or near a lake and the value...

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Examinations and Evaluations in Guardianship Matters

Multiple times in 2022, the Probate Court appointed me to represent an adult in a guardianship case filed by parents after the commencement of a care and treatment case. In each instance, the guardianship petitions were dismissed for lack of a proper medical evaluation. Pursuant to K.S.A. 59-3064, a medical evaluation and examination must include language that in the medical professional’s opinion, the proposed ward is an adult with a...

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Construing a Last Will and Testament in a Testate Probate Estate

I represent a client in a probate estate in Shawnee County, Kansas wherein the decedent died with a last will and testament and there is litigation regarding the clarity or ambiguity of the language in the will. The decedent had 3 children and 2 step-children. The will named the step-daughter as the personal representative (aka executor) of the estate. Additionally, the will provided for a few specific gifts of tangible personal property. ...

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