WILL PREPARATION IN LEAWOOD, KANSAS

Whether you are establishing a foundational plan for a young family or updating an existing document to reflect current Kansas statutes, the firm provides professional will preparation starting at $495. We serve clients throughout the Kansas City metropolitan area, ensuring your documents are legally enforceable in both Johnson and Wyandotte County jurisdictions.

While many clients initiate their planning with a foundational will, this document often serves as a strategic bridge. As your assets grow in complexity or your tax liabilities shift, we assist you in transitioning to comprehensive, trust-based planning to further shield your estate from the costs and public nature of probate.

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Who Needs A Will?

If you’re over 18 and own any assets, you need a will. Period. Kansas intestacy laws make decisions for people who die without a valid will, and those decisions rarely match what families actually want. Here are the most common situations where creating a will is essential:

Parents with Minor Children

If you have children under 18, a will is not optional. Without one, a Kansas probate court appoints guardians for your minor children without knowing your wishes, your family dynamics, or who you trust. Your will is the only legal document where you can name guardians, specify alternate guardians if your first choice is unavailable, provide guidance on raising your children, and ensure they remain in stable, loving homes.

Additionally, you can establish testamentary trusts that control when and how your children receive their inheritance, preventing young adults from receiving substantial assets before they’re ready to manage them responsibly.

Anyone Who Owns Real Property

Your home, rental properties, land, or any real estate you own will go through probate in Kansas. A will directs how that property transfers to your beneficiaries and names the executor who manages the process. Without a will, Kansas law decides who inherits (your surviving spouse may not receive everything you assume), probate takes longer, and family disputes are more common. Many homeowners in Johnson County have appreciated property worth $300,000 to $600,000 or more. Protecting that asset through a properly drafted will is fundamental estate planning.

People in Second Marriages or Blended Families

Blended families have complex inheritance issues. Without a will, your current spouse and your children from a prior marriage may have competing claims, and Kansas intestacy laws create outcomes nobody wanted. A will lets you provide for your spouse while ensuring children from previous relationships receive their intended inheritance. For more sophisticated planning, many clients with blended families transition to trust-based estate plans that use marital trusts and other strategies to balance everyone’s interests. Your will can address these complexities directly or serve as the foundation for more comprehensive planning.

Business Owners

If you own a business (sole proprietorship, partnership interest, LLC membership interest, or corporate stock), your will should address what happens to that business interest when you die. Without clear testamentary direction, your business could face disruption, forced dissolution, or disputes among heirs and business partners. Your will can transfer business interests to specific beneficiaries, work in coordination with buy-sell agreements, name an executor with business experience to manage the transition, and protect business value during estate administration. Many business owners eventually need comprehensive business succession planning that goes beyond a simple will, but a well-drafted will is the essential starting point.

Anyone Who Wants to Control Asset Distribution

Maybe you want to leave specific items to particular people (family heirlooms, jewelry, collections, vehicles, or other personal property with sentimental value). Perhaps you want to make charitable bequests to causes you care about. A will is your legal voice after death, directing who gets what and ensuring your intentions are honored. Without a will, Kansas statutes make purely formulaic decisions based on degrees of kinship, ignoring your actual relationships, your values, and your wishes.

People Who Want to Choose Their Executor

Your executor (personal representative) has significant responsibilities: filing your will with the probate court, marshaling your assets, paying debts and taxes, managing estate property, and making distributions to beneficiaries. You want someone you trust in this role, someone organized and reliable. Without a will, the court appoints someone (often based on a priority list in Kansas statutes), and it may not be the person you would have chosen. Your will lets you name the right person for this important job and designate successors if your first choice cannot serve.

Young Adults and Single People

Many young adults and single individuals assume they don’t need a will because they “don’t have much.” But you likely have more than you think: a car, retirement accounts, bank accounts, personal property, digital assets, and potentially life insurance through your employer. A will ensures these assets go where you want, names someone to handle your affairs, and can include provisions for future assets (like an inheritance or life insurance payout). Creating a will in your 20s or 30s establishes good planning habits and provides protection even if your estate is modest now.

How We Prepare Your Will

Creating your will with The Eastman Law Firm is straightforward and efficient. We guide you through every step, from initial consultation to final execution of your signed will. Here’s exactly what to expect:

This streamlined process ensures your will is completed efficiently while maintaining the highest standards of legal accuracy and client service. We return all calls within 60 minutes during business hours and can accommodate expedited timelines when you have urgent needs such as upcoming surgery, international travel, or health concerns.

Why Choose The Eastman Law Firm for Your Will

Not all wills are created equal, and not all attorneys have the same level of experience or commitment to client service. Here’s what sets us apart:

27 Years of Estate Planning Experience

Over 27 years, Gary Eastman has drafted 1,257 wills for Kansas families, created 5,423 trusts, and administered 143 probate estates. This depth of experience means we’ve seen virtually every family situation, every complication, and every issue that can arise.

We’ve helped young parents establish their first wills, updated wills for clients going through major life transitions, prepared complex wills for blended families and business owners, and guided executors through the probate administration process when clients pass away.

Experience matters in estate planning because the mistakes show up years later when you’re not around to fix them. We draft wills that work correctly when they’re needed most.

Dual Legal and Financial Expertise

Gary Eastman holds both a J.D. (Juris Doctor) and an M.B.A. in Finance from the University of Kansas. This dual expertise is rare among estate planning attorneys and particularly valuable when preparing wills that address complex financial situations.

We understand not just the legal requirements of valid will execution and probate compliance, but also the financial implications of asset distribution, the tax consequences of different bequest structures, the coordination with beneficiary designations on retirement accounts and life insurance, and the business considerations when wills include company interests. Many attorneys understand the law. Few understand both law and finance at a graduate level.

Big Firm Experience, Personal Service

Before establishing The Eastman Law Firm, Gary practiced at Polsinelli, a 900-attorney AmLaw 100 firm, where he handled over 500 transactions ranging from $50 million to over $1 billion. You get Fortune 500-level expertise without the impersonal service or outrageous hourly rates of large corporate law firms.

We bring sophisticated knowledge to every will we draft, even the simplest ones, because we understand how estate plans interact with business structures, tax strategies, and wealth transfer goals. But unlike large firms, you work directly with Gary Eastman himself, not junior associates or paralegals. You get his personal attention, his direct phone number, and his commitment to returning calls within 60 minutes during business hours.

Deep Johnson County Knowledge

We’ve served 1,134 Johnson County families over 27 years, and we understand the local context that matters for your estate planning. We know the probate procedures at Johnson County District Court in Olathe, understand the local real estate market and typical home values in Overland Park, Leawood, Olathe, Lenexa, and Shawnee, are familiar with the business community and employment base (Corporate Woods, major employers).

We regularly coordinate with local financial advisors, CPAs, and insurance professionals serving Johnson County clients. Local knowledge means your will addresses Kansas-specific requirements and Johnson County circumstances, not generic provisions that might work anywhere but aren’t optimized for here.

Transparent, Affordable Pricing

You know exactly what your will costs before we begin. No hourly billing, no surprise charges, no hidden fees. Individual wills start at $495, couple wills at $795, and more complex wills with guardian designations or testamentary trusts range from $695 to $1,495 depending on your needs.

This flat-fee pricing lets you plan your estate without worrying about every phone call or email adding to your bill. Compare this to large firms that might charge $400-$600 per hour with unpredictable total costs. Our transparent pricing reflects our belief that estate planning should be accessible to families at all asset levels, not just the ultra-wealthy.

Gateway to Comprehensive Planning

Many clients start with a simple will and later transition to more comprehensive estate planning as their assets grow, their families become more complex, or their planning needs become more sophisticated. We welcome that progression. A will prepared today becomes the foundation for trust-based planning tomorrow.

When you’re ready to avoid probate through revocable living trusts, minimize estate taxes through advanced strategies, protect assets from creditors and lawsuits, or implement business succession planning, we’re here to guide that evolution. You’re not just getting a will. You’re establishing a relationship with an attorney who will support your estate planning needs for decades.

Proven Track Record

Over 5,407 estate planning clients served. Over 5,423 trusts created. Over 1,257 wills drafted. Over 143 probate estates administered. These aren’t just numbers. They represent thousands of Kansas families who trusted us to protect what matters most to them. They represent children protected by guardian designations, spouses provided for through carefully drafted bequests, executors guided through probate administration, and beneficiaries who received their inheritances exactly as intended because the wills were drafted correctly. Our track record speaks to consistency, reliability, and results.

Frequently Asked Questions About Wills

Q: Why do I need a will?

A will ensures your assets are distributed according to your wishes rather than Kansas intestacy law, names guardians for your minor children, designates an executor to manage your estate, and avoids family conflicts.

Without a will, Kansas intestacy law (K.S.A. 59-504) determines who inherits through a rigid formula. If you’re married with children, your spouse receives half and your children split the other half, which may not align with your intentions. A will also nominates guardians for minor children, names your executor to handle debts and taxes, and allows you to create testamentary trusts for beneficiaries with special needs.

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Q: What does will preparation cost at The Eastman Law Firm in Leawood?

Will preparation costs range from $495 for a simple individual will to $1,795 for comprehensive business owner will packages, depending on complexity and family circumstances. Our packages include:

• Individual Simple Will ($495): Complete will with executor appointment, beneficiary designations, specific bequests, self-proving affidavit, one round of revisions, and execution ceremony
• Couple Simple Wills ($795): Coordinated wills for both partners with all simple will features
• Wills with Guardian Designations ($695 individual / $995 couple): Adds guardian nominations, successor guardians, and conservator options
• Complex Wills with Testamentary Trusts ($995 individual / $1,495 couple): Includes trust provisions, trustee appointments, and staggered distributions
• Business Owner Wills ($1,295 individual / $1,795 couple): Adds business succession provisions and buy-sell agreement coordination

All packages include one round of revisions and a formal execution ceremony with proper witnesses. Transparent, package-based pricing so you know costs upfront.

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Q: What experience does Gary Eastman bring to will preparation?

Gary Eastman has practiced estate planning exclusively for 27 years, creating 1,257 wills and 5,423 trusts for Kansas families.

He holds both a J.D. and M.B.A. in Finance from the University of Kansas, combining legal expertise with financial planning knowledge, which is important when drafting wills that coordinate with retirement accounts, life insurance, business interests, and tax strategies. Before establishing The Eastman Law Firm, Gary spent three years at Polsinelli handling over 500 business transactions ranging from $500,000 to $10 million, giving him experience with complex asset structures many solo practitioners lack.

His exclusive focus on estate planning means he handles wills daily rather than as a side practice. This concentrated experience translates to will preparation that addresses potential problems upfront rather than discovering them during probate.

Q: Why should I choose The Eastman Law Firm in Leawood for will preparation?

We specialize exclusively in estate planning, bringing focused expertise rather than dividing attention across unrelated practice areas.

Over 27 years, we’ve created 1,257 wills and 5,423 trusts throughout Johnson County and Wyandotte County, developing deep familiarity with Kansas estate law and local probate court procedures in Olathe and Kansas City KS. Gary Eastman holds both a J.D. and M.B.A. in Finance from the University of Kansas, combining legal and financial planning knowledge. We’ve served 5,407 estate planning clients overall, giving us comprehensive understanding of how wills interact with trusts, retirement accounts, and business interests.

We provide transparent package pricing ($495 to $1,795), include one round of revisions with every will, conduct formal execution ceremonies, and typically complete will preparation within 2-4 weeks.

Q: Do I really need a lawyer, or can I use an online service or form?

Online will services and generic forms create documents that often fail when needed most.

Kansas law has specific requirements for valid will execution (two witnesses, proper signatures, testamentary capacity), and generic forms don’t address Kansas-specific provisions or common issues that arise during estate administration. We’ve seen countless problems from DIY wills: improper witness signatures that invalidate the entire will, unclear beneficiary designations causing family disputes, missing provisions triggering unintended consequences, and language that doesn’t comply with Kansas statutes. The cost of fixing these problems during probate far exceeds the $495 cost of having an attorney draft your will correctly the first time. We’ve helped 5,407 estate planning clients across Kansas get this right.

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Q: How long does it take to prepare a will?

Will preparation typically takes 2-4 weeks from initial consultation to signed will.

The process includes an initial meeting to discuss your assets and beneficiaries (1-2 hours), document drafting incorporating your wishes and Kansas legal requirements (1-2 weeks), your review of the draft with any requested changes (a few days), and a signing ceremony with proper witnesses (30-60 minutes). Simple wills may be completed faster; complex wills involving testamentary trusts or business succession provisions require additional time. If you have urgent needs, we accommodate expedited timelines whenever possible.

Q: How do I start the will preparation process in Leawood?

Schedule an initial meeting where we discuss your assets, family situation, goals for asset distribution, guardian preferences for minor children, and executor selection.

During this consultation, we gather information about what you own (real estate, bank accounts, investments, business interests), who you want to inherit, who should serve as executor, and who should be guardians if applicable. We also address special circumstances like blended families or children with special needs. After the meeting, we draft your will, you review and request changes, and we schedule a signing ceremony, as Kansas law requires two witnesses who watch you sign and then sign themselves. The entire process typically takes 2-4 weeks.

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Q: What information do I need to provide for will preparation?

For the initial consultation, bring information about your assets, family members, desired beneficiaries, and preferences for executors and guardians.

Specifically, we need: what you own (real estate addresses, bank and brokerage accounts, retirement accounts and life insurance with beneficiary designations, business interests, valuable personal property), family information (full legal names and birth dates of spouse, children, and grandchildren), and your wishes (who should inherit what, who should serve as executor, who should be guardians for minor children, any specific bequests). You don’t need exact account numbers or formal appraisals at the initial meeting. Approximate values and general information are sufficient for planning purposes.

Q: How do I choose guardians for my children?

Choose guardians who share your values and parenting philosophy, have the physical and emotional capacity to raise children, are financially stable, and are willing to serve.

Consider practical factors: the guardian’s age and health (can they handle parenting for 10-18 years?), existing family size, geographic location (will your children need to move away from schools and friends?), lifestyle and values, and relationship with your children. Name both primary and alternate guardians in case your first choice cannot serve.

Many parents struggle choosing between family members and close friends. Your will should name guardians for both the person (who physically cares for the children) and property (who manages inheritances until adulthood), which can be the same person or different people. Always discuss your wishes with proposed guardians before naming them.

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Q: What happens if I don’t name a guardian?

If you don’t name a guardian in your will, the probate court appoints one for your minor children without knowing your preferences, potentially placing children with relatives you wouldn’t have chosen.

Kansas law provides a priority list: surviving parent first, then grandparents, then other relatives, then any other suitable person. The court determines suitability based on testimony and evidence. This process takes 2-6 months, costs $5,000-$15,000+, and may trigger family disputes as relatives petition the court. During proceedings, children may be placed in temporary foster care or with relatives on a temporary basis. Your will nomination doesn’t guarantee appointment, but courts give significant weight to parents’ expressed wishes.

Q: Can I name different guardians for different children?

Yes, Kansas law allows you to name different guardians for different children, though this means your children won’t be raised together.

This makes sense in specific situations: children from different marriages in blended families, significant age gaps (a 17-year-old vs. a 3-year-old), children with special needs requiring specialized care, or children with strong existing relationships with different family members. The court isn’t bound by your nominations but gives them substantial weight, and separating siblings raises concerns about their best interest. If you name different guardians, your will should explain your reasoning and address how guardians will facilitate sibling relationships through regular visits and shared holidays.

Q: Who should I name as executor of my will?

Choose an executor (called a personal representative in Kansas) who is trustworthy, organized, financially responsible, and willing to serve.

Your executor serves as a fiduciary, handling significant responsibilities: filing your will with the probate court, inventorying assets, paying debts and taxes, managing estate property, and distributing assets to beneficiaries. Many people name their spouse, an adult child, a sibling, or a close friend. Name at least one successor executor in case your first choice cannot serve. Avoid someone who lives far away, has conflicts with other beneficiaries, or lacks financial sophistication. Professional fiduciaries can serve as executor for complex estates or when no suitable family member exists.

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Q: Can my executor also be a beneficiary in my will?

Yes, Kansas law allows the same person to serve as both executor and beneficiary. This is extremely common, particularly when spouses name each other as executor and primary beneficiary, or when adult children serve as executor while also inheriting.

However, this dual role creates potential conflicts of interest. The executor has a fiduciary duty to act in the estate’s best interest and treat all beneficiaries fairly, even while receiving an inheritance themselves. Kansas probate courts scrutinize executor actions more closely when the executor is also a beneficiary, and other beneficiaries can petition the court to remove an executor who acts in self-interest.

To minimize conflict risk, your will should state distribution terms clearly, name successor executors, and consider whether a neutral professional fiduciary might serve better if family dynamics are contentious.

Q: What’s the difference between a will and a trust?

A will goes through probate after you die and only controls assets in your name alone, while a revocable living trust avoids probate and controls assets you’ve transferred into the trust during your lifetime.

Wills are simpler and less expensive ($495-$1,495) but offer no privacy (probate is public record), no incapacity planning, and no probate avoidance. Trusts are more comprehensive ($3,000-$8,000) and provide privacy, incapacity planning, probate avoidance, and better control over distributions. For many families a simple will is sufficient. For families with substantial assets or desire for privacy, trust-based planning makes more sense. We’ve created 5,423 trusts and can help you determine which approach fits your situation.

Q: Do I need a will if I have a trust?

Yes, you need a “pour-over will” even if you have a revocable living trust, because it captures any assets not transferred into the trust before your death.

Despite best efforts, people commonly die owning assets in their individual name: a forgotten bank account, a recent inheritance, newly purchased property not yet retitled, or personal property like vehicles and jewelry. A pour-over will directs these assets into your trust after death. The will also serves functions a trust cannot: nominating guardians for minor children, appointing an executor, and specifying funeral wishes.

Q: How do wills address blended family situations?

Wills for blended families require careful planning to balance competing interests between current spouses, children from previous marriages, and stepchildren.

Common goals include providing for your current spouse during their lifetime while preserving assets for children from a prior marriage, treating biological and stepchildren equitably, and ensuring children from your first marriage receive their inheritance even if your current spouse remarries. Without proper planning, Kansas intestacy law may distribute assets in ways that don’t reflect your wishes. Kansas elective share laws also protect surviving spouses regardless of what your will says.

Blended family wills often include specific bequests for children from prior marriages, percentage-based distributions, and trust provisions ensuring the surviving spouse has income while preserving principal for children. For substantial assets, QTIP (Qualified Terminable Interest Property) trusts can provide lifetime income to your surviving spouse while guaranteeing assets pass to your children.

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Q: What if my spouse and I die at the same time?

Your will should include simultaneous death provisions addressing what happens if you and your spouse die in a common accident or within a short time of each other.

Kansas has adopted the Uniform Simultaneous Death Act, which provides default rules if your will doesn’t address this. However, well-drafted wills include explicit provisions stating that if both spouses die simultaneously or within a specified period (often 30 to 90 days), assets pass directly to contingent beneficiaries (typically children) rather than going through two probates. For couples with minor children, this is particularly important for guardian designations, ensuring named guardians take custody immediately.

Q: Can minors inherit directly through a will?

Yes, minors can inherit through wills, but they cannot legally control inherited assets until age 18 in Kansas. A court-appointed conservator must manage their inheritance until they reach adulthood.

When a minor inherits without trust protection, the probate court appoints a conservator who must post a bond, file annual accountings, and seek court approval for major decisions. At age 18, the minor receives the entire inheritance outright regardless of maturity level. Conservatorship costs $5,000-$15,000+ to establish and requires ongoing legal fees.

Better alternatives include testamentary trusts within your will that hold assets until a more mature age (21, 25, or 30), allow trustees to distribute for education and support as needed, and avoid conservatorship entirely. Under Kansas’s Uniform Transfers to Minors Act (UTMA), you can also name custodians to hold assets until age 21 without court supervision.

Q: How do we ensure your will is valid under Kansas law?

Kansas law requires specific formalities: you must be at least 18 and of sound mind (testamentary capacity), the will must be in writing and signed by you, and two competent witnesses must watch you sign and then sign themselves.

We ensure validity by conducting a formal execution ceremony where you sign in the presence of two witnesses (who cannot be beneficiaries), the witnesses sign attestation clauses, and we include a self-proving affidavit. This notarized statement eliminates the need for witnesses to testify in probate court. We also confirm you understand what you’re signing, you’re acting voluntarily without undue influence, and all provisions comply with Kansas law.

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Q: Is a handwritten will valid in Kansas?

Yes, Kansas recognizes holographic (handwritten) wills if the material provisions are entirely in your handwriting, the will is signed by you, and it shows testamentary intent.

Kansas does not require witnesses for holographic wills, unlike typed wills which require two. However, holographic wills create significant risks: handwriting may be challenged requiring expert testimony, ambiguous language causes disputes, lack of witnesses makes them easier to contest, and you may omit critical provisions like residuary clauses, executor powers, or guardianship nominations. They also won’t include self-proving affidavits, meaning probate takes longer and costs more. The $495 cost of a properly drafted will far outweighs the disputes holographic wills typically create.

Q: Is my will still valid after major life changes?

Your will remains legally valid after most life changes, but Kansas law automatically alters certain provisions and it may no longer reflect your wishes.

Marriage after executing a will partially revokes it under Kansas law: your spouse receives their intestate share unless the will was made in contemplation of the marriage. Divorce automatically revokes all provisions benefiting your ex-spouse. Birth or adoption of children after executing your will doesn’t invalidate it, but Kansas law may give “pretermitted” (unmentioned) children a share. Moving to a different state doesn’t invalidate your Kansas will, but the new state’s laws may affect administration and spousal protections. Changes in assets or relationships don’t invalidate your will but may make it ineffective at achieving your goals.

Q: Do wills expire?

No, wills do not expire in Kansas. A properly executed will remains legally valid indefinitely until you revoke it, create a new will, or die.

Unlike powers of attorney, which some institutions question after a few years, wills don’t have expiration dates or require renewal. A will executed 30 years ago is just as legally valid as one signed last week. However, old wills frequently become outdated: named beneficiaries or executors may have died, assets may have changed, and tax laws may have shifted. We recommend reviewing wills every 3-5 years.

Q: Can I update my existing will?

Yes, wills can be updated through formal amendments called codicils, or by creating a new will that revokes the old one. We recommend new wills for most updates because they’re clearer and less prone to confusion.

Codicils work for simple changes like updating an executor or adding a small bequest, but must be executed with the same formalities as the original will (signed in the presence of two witnesses). Multiple codicils create confusion and increase the risk of conflicting provisions. Common reasons to update include marriage, divorce, birth of children, death of named individuals, substantial asset changes, or changes in tax law. Review your will every 3-5 years.

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Q: How often should I review my will?

Review your will every 3-5 years, or immediately after major life events: marriage, divorce, birth or adoption of children, death of named beneficiaries or executors, substantial asset changes, moving to a different state, or changes in tax law.

Even without life changes, periodic reviews ensure your will still reflects your wishes, named individuals are appropriate and able to serve, and the document complies with any changes in Kansas law. Many clients create wills and never review them until a crisis occurs, by which point changes may be impossible.

Q: Do I need to list every asset in my will?

No, you don’t need to list every asset individually unless you want specific items to go to specific people.

Use specific bequests for items you want to leave to named individuals (family heirlooms, vehicles, real estate, business interests), and let the residuary clause cover everything else. The residuary estate includes all assets not specifically mentioned elsewhere in the will, making your will more flexible. Remember that certain assets pass outside your will regardless: life insurance, retirement accounts, jointly owned property with survivorship rights, and assets held in trust.

Q: Should I name guardians for adult children with disabilities?

Adult children with disabilities need different planning than minor children, typically involving special needs trusts rather than guardian designations in your will.

Once children turn 18, parents no longer have automatic legal authority to make decisions for them, even with disabilities. If your adult child lacks capacity, you may need to pursue guardianship or conservatorship through the probate court as a separate legal process. However, your will can create a special needs trust funded with inheritance that provides for your child’s supplemental needs without disqualifying them from SSI, Medicaid, or other government benefits. Many families prefer standalone special needs trusts created during your lifetime for more immediate protection.

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Q: Can I disinherit someone in my will?

You can disinherit most people in your will, but Kansas law provides certain protections for surviving spouses through elective share laws.

Your spouse can claim a portion of your estate regardless of what your will says. However, you can generally disinherit children, parents, siblings, or anyone else. If you want to disinherit someone, your will should explicitly state this intention (for example, “I intentionally make no provision for my son John”) rather than simply omitting them, which could allow them to argue you forgot. We can also include a no-contest clause (in terrorem clause) that disinherits anyone who challenges your will without probable cause.

Q: What is a no-contest clause and should I include one?

A no-contest clause (also called an in terrorem clause) is a provision in your will that disinherits anyone who contests the will in court without probable cause, discouraging beneficiaries from challenging your wishes.

No-contest clauses work best when every potential challenger has something meaningful to lose. If you leave your son $100,000 but he believes he deserves $500,000, the clause creates a calculation: is risking that $100,000 worth a court battle that might leave him with nothing? Kansas courts generally enforce no-contest clauses, but not if the contestant had probable cause (genuine evidence of fraud, lack of capacity, or undue influence).

These clauses are particularly valuable in blended families, estates with unequal distributions, or situations where family conflict is anticipated. They’re less useful if you’re leaving nothing to the potential challenger.

Q: What happens if I become incapacitated without a will?

A will provides no incapacity protection. It only takes effect after death, so having a will doesn’t help if you become unable to manage your affairs during your lifetime.

For incapacity planning, you need durable powers of attorney (financial and healthcare) that authorize someone to act on your behalf. Without these documents, family members must petition the court for conservatorship or guardianship, which costs $5,000-$15,000+, requires ongoing court supervision and annual accountings, and takes 2-6 months to establish. Even after appointment, conservators must seek court permission for actions a power of attorney agent could handle immediately.

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Q: What tax planning is included with will preparation?

Basic will preparation includes consideration of the federal estate tax exemption ($13.61 million individual / $27.22 million couples in 2024), but comprehensive tax planning for estates approaching or exceeding these thresholds requires more advanced strategies.

For most Kansas families, estate tax isn’t a concern because Kansas has no state estate or inheritance tax and the federal exemption covers the vast majority of estates. However, wills should coordinate with assets that pass outside probate (retirement accounts, life insurance, jointly owned property) to avoid unintended tax consequences. Wills can include testamentary trusts that reduce taxes by splitting income among multiple taxpayers.

For estates exceeding the federal exemption, Gary’s M.B.A. in Finance from the University of Kansas allows him to coordinate sophisticated tax strategies with your legal documents, working alongside your CPA and financial advisors.

Q: Can I leave assets to charity in my will?

Yes, your will can direct any portion of your estate to qualified 501(c)(3) charitable organizations, and charitable bequests provide meaningful tax benefits while supporting causes you care about.

You can leave specific assets, a percentage of your estate, a fixed dollar amount, or the entire residuary estate to one or more charities. Charitable bequests reduce your taxable estate dollar-for-dollar, which matters for estates exceeding the federal exemption. Leaving appreciated assets (stocks, real estate) to charity also avoids capital gains tax that would otherwise be owed if heirs sold them. For example, donating stock that appreciated $200,000 saves an estimated $47,600 in capital gains tax at federal rates.

Strategic options include charitable remainder trusts and percentage-based bequests that scale with estate size.

Q: What areas does The Eastman Law Firm serve for will preparation?

We serve clients throughout Johnson County (Overland Park, Leawood, Olathe, Lenexa, Shawnee, Prairie Village, Mission) and Wyandotte County (Kansas City KS, Bonner Springs) from our Leawood office.

We focus exclusively on Kansas clients and Kansas law. We do not practice in Missouri and refer Missouri residents to qualified Missouri attorneys. We work regularly with probate courts in Johnson County (Olathe courthouse) and Wyandotte County (Kansas City KS courthouse), so we understand local procedures thoroughly.

Q: Can out-of-state residents use Kansas wills?

Kansas residents living temporarily out of state (military personnel, students, temporary workers) can have Kansas wills prepared, but permanent residents of other states should generally have wills drafted under their home state’s laws.

While wills validly executed in one state are typically recognized in other states, each state has different laws governing execution requirements, spousal protections, and estate tax. We’re licensed only in Kansas and cannot provide legal advice about other states’ laws. If you’re moving out of state, have your Kansas will reviewed by an attorney in your new state.

Wills in Kansas: What You Need to Know

Kansas has specific legal requirements for valid will execution, unique probate procedures, and intestacy statutes that differ from other states. Understanding these Kansas-specific considerations ensures your will is legally enforceable and accomplishes your goals.

Kansas Will Execution Requirements

For a will to be legally valid in Kansas, you must meet these requirements: you must be at least 18 years old and of sound mind (testamentary capacity), you must sign your will or acknowledge your signature in the presence of at least two competent witnesses, and those witnesses must sign your will in your presence and in each other’s presence.

Kansas law does not require notarization for a valid will, though we strongly recommend creating a self-proving will with notarized signatures. Holographic wills (entirely handwritten and unwitnessed) are not recognized in Kansas and should never be relied upon. Oral wills (nuncupative wills) are also invalid in Kansas except in very limited circumstances for military personnel in active service.

Kansas Intestacy Laws

If you die without a valid will, Kansas intestacy statutes (K.S.A. 59-501 through 59-513) determine who inherits your property based on your family relationships. For married individuals with children from that marriage, the surviving spouse receives 50% of the intestate estate and children share the remaining 50%. For married individuals with children from prior relationships, the surviving spouse receives 50% and all children (from all relationships) share the other 50%.

For single individuals with children, children inherit everything equally. For individuals without a spouse or children, parents inherit (if living), then siblings, then more distant relatives according to statutory priority. These formulas rarely match what people actually want, which is why having a will is essential even if your estate is modest.

Johnson County Probate Procedures

All Johnson County probate matters are handled at the Johnson County District Court, 100 North Kansas Avenue, Olathe, Kansas 66061. When you die, your executor files your will with the Johnson County District Court along with a petition for probate. The court validates your will, appoints your personal representative, and supervises the estate administration process. Johnson County probate typically takes 6-12 months for straightforward estates and longer for complex situations.

Filing fees are approximately $195, with additional costs for publication notices (required to notify potential creditors), certified copies, and other administrative expenses. Having a properly drafted will streamlines this process, though it doesn’t avoid probate entirely (only trusts avoid probate).

Kansas Does Not Have State Estate Tax

Kansas eliminated its state estate tax effective January 1, 2010. This means Kansas residents only need to worry about federal estate tax, which currently applies to estates exceeding $13.61 million per person ($27.22 million for married couples in 2024). However, this federal exemption is scheduled to decrease to approximately $7 million per person (adjusted for inflation) in 2026 unless Congress acts to extend the higher exemption.

For most Kansas families, this means no estate tax planning is necessary in your will, though high-net-worth individuals approaching these thresholds should consider more sophisticated tax planning strategies including irrevocable trusts, annual gifting programs, and other advanced techniques beyond what a simple will can accomplish.

Kansas Elective Share Law

Kansas provides surviving spouses with significant protections through elective share laws. Even if your will attempts to disinherit your spouse or leaves them less than they would receive under intestacy, your surviving spouse can elect to take a statutory share of your estate (typically between one-third and one-half depending on circumstances and length of marriage). This right cannot be waived except through a valid prenuptial agreement or postnuptial agreement.

If you’re in a second marriage and want to leave substantial assets to children from a prior marriage rather than your current spouse, you need careful planning (potentially including trusts and properly drafted marital agreements) rather than simply attempting to disinherit your spouse through your will.

Digital Assets Under Kansas Law

Kansas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (K.S.A. 58-4,100 through 58-4,121), which governs how executors can access your digital assets including email accounts, social media, online banking, cryptocurrency, cloud storage, and other electronic property.

Without specific authorization in your will, your executor may be unable to access these digital assets even though they’re responsible for administering your estate. Modern wills should include comprehensive digital asset provisions granting your personal representative the authority to access, manage, and distribute digital property in accordance with your wishes and Kansas law.

Updating Your Will After Moving to Kansas

If you created a will in another state before moving to Kansas, your will likely remains valid but should be reviewed to ensure it complies with Kansas law and addresses Kansas-specific considerations. Different states have different witness requirements, different intestacy provisions, different probate procedures, and different laws regarding spousal rights and digital assets. We review out-of-state wills for Kansas residents to identify any issues and recommend whether updating your will or creating a new Kansas will makes sense.

At a minimum, you should update your will to name a Kansas resident as executor (or at least ensure your out-of-state executor is willing and able to serve in Kansas probate court) and address Kansas-specific provisions that may not have been included in your original will.

Our Leawood Office Serves All Kansas Residents

While our office is located in Leawood at 4901 W 136th Street, Suite 240, we serve clients throughout the Kansas City metro area and across Kansas. We’re easily accessible from Johnson County cities (Overland Park, Olathe, Lenexa, Shawnee, Prairie Village, Mission), Wyandotte County (Kansas City KS, Bonner Springs), and surrounding areas. We offer both in-office consultations and virtual video conferences for clients who prefer remote meetings. Our convenient location just off 135th Street provides free parking with 45 spaces including 6 accessible spaces.

Whether you live down the street or across the state, we provide the same high-quality will preparation services with responsive communication and personal attention.

Serving Families Throughout Johnson County

The Eastman Law Firm proudly serves families across Johnson County and the greater Kansas City metropolitan area. Wherever you are in our community, we're here to help.

Johnson County Cities

Don’t Wait Until It’s Too Late

You can’t create a will after you’re gone. The time to protect your family, name guardians for your children, and ensure your wishes are honored is now, while you’re able to make these critical decisions.

At The Eastman Law Firm, we prepare legally sound wills that protect Kansas families from intestacy, probate complications, and court-appointed guardians. Gary Eastman’s 27 years of experience drafting 1,257 wills ensures your will is executed properly, complies with Kansas law, and accomplishes exactly what you intend.

Protect your family. Create your will today.

27 years of experience • 1,257 wills drafted • J.D. + M.B.A. credentials • Polsinelli (AmLaw 100) background • Calls returned within 60 minutes (during business hours)