Mr. Johnson concentrates in helping you plan to achieve your personal goals and objectives for your life and after your death.

Every client is unique. Every client who comes to the firm to draft a will or who has had a relative or loved one pass away deserves legal representation that serves their needs specifically.

Probate is a legal proceeding in which a deceased person?s property is distributed to the decedent's heir or devisees and legatees named in a Last Will and Testament. The beneficiaries of the estate may be designated by the decedent in a Will, and if there is not any Will, then the heirs at law are designated by State Statute. Probate proceedings are governed by the law of the State where the decedent maintained legal residence at the time of death as well as by the probate laws of any other state where the decedent owned property at the time of death.

Fred A. Johnson with the law office of Busch & Johnson has handled legal issues surrounding probate, will construction, will contests, intestate succession, and estates for over Thirty years. When a loved one passes away, the probate process by which assets, real property, and personal property is legally transferred can be very complex and confusing. With over 30 years of experience dealing with these complicated issues, Fred A. Johnson can assist the beneficiaries of an Estate with these issues.. Some of our estate planning and administration services include:

Intestate Succession - Will Construction - Estate Administration - Joint Tenancies - Will Contests - Guardian & Conservator Proceedings - Marshaling Debts and Assets - Non-Probate Transfers - Living Wills (Advance Directives) - Durable Powers of Attorney

Not all Estates need to be probated. The need for Probate is determined by the type of property the decedent owned at the time of death and how it was held as well as the value of the property itself. Small estates with a value under $20,000.00 not involving an interest in real property can be transferred by Affidavit. Probate is not necessary for assets held as joint tenants with rights of survivorship or those assets that may have pay on death or transfer on death clauses.

Because each client is unique, this means that you will have the absolute attention of our attorneys, who will analyze each detail of a will or will that is now going through the probate process.  If you are now facing issues regarding probate or the administration of an estate, you will need the advice and representation of experienced attorneys. Fred A. Johnson has over thirty years of experience offering legal representation on a wide variety of legal issues. Probate and estate issues are a large part of his practice and he takes pride in his diligence and superior competence when handling these issues.

WHAT IS KANSAS PROBATE?

Kansas Probate is a Court supervised process for identifying and marshaling the decedent's assets, paying claims and expenses, paying taxes if any are due, and ultimate distributions of assets to the beneficiaries.

There are numerous Kansas Probate proceedings, which include: Supervised testate and intestate administration; Simplified testate and intestate administration; Informal Administration; and Descent and Distribution proceedings.

Supervised and Simplified administration are the primary methods used to probate estate in Kansas.  If the value of the decedent's estate is over $20,000.00 and/or real estate interests are involved, a probate proceeding will be necessary to administer the assets of the decedent.  A personal representative is appointed, who may or may not be bonded, by the Court based on who is named in the Last Will and Testament admitted to probate or based on the order of priority as set forth in the Kansas intestacy laws.  The personal representative need not be a Kansas resident, but would have additional requirements in order to serve.

A Notice to Creditors must be published with a publication circulating in the county of the decedent once a week for three consecutive weeks which notifies the creditors that they must exhibit their demands within four months from the date of first publication.  The same publication may also be used for giving notice the heirs, devisees, and legatees of the commencement of the probate proceeding.

The personal representative gathers and collects all the assets of the decedents estate.  These assets may or may not be sold by the personal representative.  Any claims which have been approved wold be paid in the priority set by the Kansas probate code.  There are four classes of claims, the first class being appropriate funeral expenses and then claims for medical assistance paid under subsection (e) of K.S.A. 39-709, the second class being the appropriate and necessary expenses of the last sickness of decedent, including wages of servants and expenses of administration, the third class being judgments rendered against decedent and all judgment liens upon the property of the decedent, with the fourth class being all other demands duly approved, including the cost of any appropriate tombstone or marker.  Any tax returns due, and tax obligations, must also be completed and paid.

SHOULD AN ATTORNEY BE USED FOR KANSAS PROBATE ADMINSTIRATION?

Because of the complicated nature of a probate proceeding and because an individual does not commence a large number of probate proceedings, a Kansas Probate proceeding would almost always require the services of an attorney.

WHAT IS A LAST WILL AND TESTAMENT?

A Last Will and Testament (a Will) is a writing, by a person who possesses the rights of majority and who is of sound mind.  It is signed at the end thereof by the person making same, or by some other person in the presence of such person and by the express direction of the said person, and shall be attested and subscribed (witnessed) in the presence of such person by two or more competent witnesses.  The Will may be self-proved by having a statement attached or annexed to the Will and notarized.  A Will generally designates and appoints the personal representative, the individuals who will be the beneficiaries of the probate assets, and may establish a trust, name a conservator for minor children, name a guardian for minor children, etc..  A Will must be probated to be valid, and a Will must be probated within six months from the date of death of the decedent.  The provisions of a Will, presented for probate, are a matter of public record and may be viewed by the general public.

WHO INHERITS IF THERE IS NO WILL?

Kansas law for a decedent dying intestate (without a Will) varies depending on who survives the decedent.

1. If the decedent leave a spouse and no children nor issue of a previously deceased child, all of the decedent's property shall pass to the surviving spouse.
2. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half shall pass to the surviving spouse and one-half shall pass to said child, or children, or issue of a previously deceased child or children in equal shares. The living issue of a deceased child shall collectively take only the share their parent would have taken had such parent been living.
3. If there is no spouse, but a child, or children or issue of a previously deceased child or children, then all of the decedent's property shall pass to the surviving child or children, or issue of a previously deceased child or children. Again, the living issue of a deceased child shall collectively take only the share their parent would have taken had such parent been living.
4. If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, the decedent's assets will pass to such surviving parent, or in equal shares to such surviving parents. Special provisions apply to decedents who have been adopted.
5. If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of the decedent which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event, his or her property shall pass to the living heirs of the other parent.

In addition to representing clients in probate proceedings, Mr. Johnson also prepares Last Wills and Testaments, Trusts, Living Wills, Powers of Attorney for financial purposes, health care purposes, and for other needs.  If you would like to speak to Mr. Johnson, you may contact him as set forth below.

We serve our clients statewide; however, we practice mainly in Wichita, Sedgwick County, Kansas and the surrounding counties of Harvey, Butler, Sumner, Cowley, Reno, and Kingman.  You may contact Fred A. Johnson at:

Fred A. Johnson
Busch & Johnson
1540 North Broadway
Suite 205
Wichita, Kansas 67214
Phone: (316) 263-5661
Fax: (316) 263-2714

Email:  fredjohnsonlaw@cox.net