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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Denial of Access to Deceased's Personal Property

    My question involves estate proceedings in the state of: Kansas

    My daughter’s father recently died intestate. She is his only kin and is a minor. She has always lived with me and I am her natural guardian. Under state statute, we have been able to administer most of his assets and debts though an affidavit for small estates.

    There is one significant problem: his domicile was the upper floor of a condo rented from a friend/co-worker, paid by check but with no lease. She is hospitalized and incapacitated. Her parents and siblings and her close friend have been taking care of her condo, pets, mail, etc. on a daily basis. The parents refuse to allow us access to his personal property (two rooms of furniture, clothing, electronics, new vehicle, etc.). They claim they have no right to allow anyone on the property (even though they enter daily), and that they “don’t even know what was his” (although I told them I have evidence for the vehicle and some other items). They say I’ll just have to wait "a couple months" until their daughter returns home—but I worry that there won’t be anything left.

    Shouldn’t I be able to present the parents with the affidavit to retrieve his property, which has sufficed for everything else? Would mailing them a certified copy be appropriate? Should I go/mail to their own home, since they are not usually at the condo? Would the police or sheriff accompany me? If not, what is the next step?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denial of Access to Deceased's Personal Property

    The administrator of the estate can consider trying to get a court order from the probate court, so as to obtain access to inventory or remove items of property.

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