Community property rights of a residence given in an inheritance in the state of Kansas.

My father doesn’t have much time left and is trying to get all of his assets in order. My brother and I are stand to inherit his home and my question is concerning my husband. We were married 4 yrs. ago and live on his farm, which he bought before our marriage. What rights does he have to my parents’ home since it will be acquired after our marriage? Is it considered community property , even though his farm isn’t? (His kids’ names are on the farm, not me).

Asked on June 14, 2009 under Real Estate Law, Kansas

Answers:

Sean C Santoro / Santoro Traffic Law Office

Answered 11 years ago | Contributor

I would need additional information to answer this question. Does your father have a will? Has your husband put any money or work into your parent's home? Has your father promised anything to your husband based on things or money expended on his behalf? Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025. If your father needs a will, or wants me to draw up a nonprobate transfer deed so that the property may avoid probate entirely, let me know.

Sean Santoro
Attorney at Law 


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