Legal Help

I don't think your niece has any legal right to the property. Kansas Law states for succession,

"K.S.A 59-508. No spouse, child, issue, or parents. If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property 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 other words, the estate goes to the deceased's siblings. If you live in Kansas, you should call the sheriff's office to have her removed and have the locks changed to the property immediately. You also need to call a probate attorney. The niece is not a blood relative, and if there is no will, she is trespassing and stealing.

You need specific legal advice to deal with this. I work at a law firm. You need to find a lawyer who handles estates, wills, etc. If you want a recommendation, I will tell you that Mark Gilgus at Seigfreid Bingham, et al. is excellent. BTW, this is NOT my law firm...we don't handle this sort of thing. Mark is, however, who I have had handle my personal will, trust & my husband's business affairs. He dots every I and crosses every T. His number is: ###-###-####. Best of luck.

I would hire an attorney regarding this matter. Sounds like if you push too much, your niece will be even more unwilling to give you anything. go to lawyers.com and type in probate or wills/trust.

You can it to go to probate. Also get a lawer asap.

Yes, definitely get a lawyer, and if your brother-in-law is cooperative, get him to work on a fair will before the niece gets him to do something crazy. This happened to my sister-in-law. Her grandmother had the family farm, after her husband died, she remarried. She and her new husband were too old to care for the farm, so my SIL's father was farming it for them (living with them). When the grandmother died without a will, the husband's family took over the farm, kicked out Billy, and sold everything off (over $1 million) and my SIL's family got nothing. So unfortunately in those situations, the family of the last one living gets everthing if there is no will (in most states).

Good Luck

You need to talk to an attorney. Was there any kind of will? You are the sibling to your sister and are the legal heir of the home as it's in her name and not his. Same with the things in the home they are yours and your brother in law's as well of whatever he bought. I seriously think you need to talk to an attorney about getting her out of there. Let me know what goes on. ____@____.com.

The information already presented here seems to cover it. I'll reiterate that you need to contact an attorney, and I would second the recommendation for anyone at Seigfreid Bingham. You don’t state whether her husband died before she did. If so, generally the estate would have passed from the husband to wife, then to you or other direct siblings. In most states the in-laws, in particular a niece, would have no claim.