Why Business Succession Planning Matters in Kansas

Kansas is home to thousands of family-owned and closely held businesses, many of which are the backbone of their communities. Yet studies show that most small business owners have no succession plan in place.

Without one, retirement, disability, or sudden death can leave a business in turmoil. For Kansas companies, especially family-owned farms, retail shops, and professional practices, lack of planning often results in conflict, financial loss, or even business closure.

At Minter & Pollak, LC, we help Kansas business owners protect their legacy through customized succession planning strategies. Here’s what you need to know.

What Is Business Succession Planning?

Succession planning is the process of preparing for the transfer of ownership and management of your business. It ensures that your company:

• Continues to operate smoothly after major changes
• Protects the financial interests of your family and employees
• Reduces the risk of disputes among heirs or partners
• Minimizes taxes and administrative costs

In short: it’s about protecting your life’s work and ensuring the business thrives for the next generation.

Common Succession Challenges in Kansas

Family-Owned Businesses

Kansas has a strong tradition of family farming and small-town businesses. But transferring a family business brings unique challenges:

• Which children (if any) will take over?
• How do you treat children fairly if some work in the business and others don’t?
• Will heirs want to sell, or continue operations?

Closely Held Partnerships

For LLCs and partnerships in Wichita or elsewhere in Kansas, disputes may arise if one partner wants to exit or passes away. Without planning, their share may pass to a spouse or heir who is not prepared to manage.

Professional Practices

Doctors, dentists, and lawyers often face restrictions on who can own their practice. Succession planning ensures compliance with Kansas licensing laws.

Key Elements of a Kansas Succession Plan

1. Identify Future Leadership

• Decide who will manage daily operations after you leave.
• Consider grooming a family member, partner, or key employee.
• Evaluate whether outside management might be better.

Kansas Example: A Wichita manufacturing business may choose to pass ownership to children but hire a professional manager to run day-to-day operations.

2. Establish Ownership Transfer Rules

• Clearly define how ownership interests may be sold or transferred.
• Create buy-sell agreements that specify valuation and funding methods.
• Protect the company from falling into the hands of outsiders.

3. Choose a Valuation Method

Business value often becomes a point of dispute. Decide in advance whether value will be determined by:

• Appraisal by a Kansas CPA or valuation expert
• A fixed formula (e.g., multiple of earnings)
• A buy-sell agreement provision

4. Plan for Taxes and Liquidity

Without careful planning, heirs may face significant estate taxes or lack the cash to buy out interests. Strategies include:

• Life insurance to fund buyouts
• Gifting strategies during life
• Trusts to minimize estate taxes under Kansas and federal law

5. Integrate with Your Estate Plan

Business succession planning must align with your will, trust, and powers of attorney. For example:

• Ensure your trustee or executor has clear instructions.
• Prevent conflicting documents that cause delays in probate.
• Use revocable living trusts to transfer ownership outside of Kansas probate courts.

6. Create a Timeline for Transition

Transitions work best when gradual. A phased approach allows:

• Mentorship of new leadership
• Employee and customer confidence
• A smoother financial transition

Succession Planning Tools in Kansas

• Buy-Sell Agreements – Prevent disputes between partners or heirs
• Family Limited Partnerships (FLPs) – Consolidate business ownership and reduce estate taxes
• Grantor Trusts – Transfer business assets while retaining control
• Life Insurance Trusts – Provide liquidity for buyouts or estate taxes

Case Study: Kansas Family Business Transition

A Wichita-based auto repair shop had three children, but only one worked in the business. Without a plan, ownership would have been split equally under Kansas intestacy law. By working with an attorney, the parents created a trust that left the business to the child involved in operations, while life insurance proceeds provided equal value to the other two children. The plan preserved both family harmony and business continuity.

FAQs About Kansas Business Succession Planning

When should I start succession planning?
The earlier the better. Many Kansas business owners begin planning 5–10 years before retirement.

Do I need a lawyer to create a succession plan?
Yes. Kansas succession planning involves legal, tax, and financial issues that require professional guidance.

Can I pass my business directly through my will?
You can, but doing so may trigger probate and disputes. A succession plan outside of probate often works better.

What happens if I die without a plan?
Kansas intestacy law will control distribution, which may not reflect your wishes and could jeopardize the business.

Final Thoughts

Business succession planning is about protecting your company, your employees, and your family’s future. By creating a plan now, you ensure a smooth transition—whether to family, partners, or a buyer.

At Minter & Pollak, LC, we guide Kansas business owners through every step of succession planning. From drafting buy-sell agreements to integrating estate planning tools, we ensure your business continues to thrive for years to come.

📞 Contact us today at 316-265-0797 to start your Kansas business succession plan with our free estate planning consultation.

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Many Kansas families worry about what will happen to the mortgage on a home after a loved one passes away. A common concern is whether the bank can call the loan due immediately under the “due-on-sale” clause. Fortunately, federal law provides important protections that can give heirs time and flexibility.

What is a Due-on-Sale Clause?

Most mortgages include a “due-on-sale” clause. This clause allows the lender to demand full repayment of the loan if the property is transferred to someone else. For example, if you sell your home, the lender can require the entire balance to be paid right away rather than allowing the buyer to assume the loan.

How Death Impacts the Clause

When someone dies, ownership of their home typically transfers to heirs through a will, trust, or the probate process. Technically, this transfer could trigger the due-on-sale clause, which worries many families.

However, there’s good news: federal law protects families in these situations.

The Garn-St. Germain Act: Federal Protection

The Garn-St. Germain Depository Institutions Act of 1982 limits when lenders can enforce a due-on-sale clause. Under this law, lenders cannot enforce the clause when a property is transferred due to the death of the borrower to:

• A surviving spouse
• A child or other relative
• A joint tenant who already owned part of the property
• A living trust (if the borrower was a beneficiary)

This means heirs generally do not have to pay off the mortgage immediately after a loved one’s death. Instead, they can step in and continue making regular payments.

What Heirs Should Know

Even though the lender cannot demand immediate repayment, heirs still need to:

• Keep payments current – Falling behind could still lead to foreclosure. Once the loan becomes 120 days past due the lender can begin the foreclosure process.
• Communicate with the lender – Notify the bank of the borrower’s death and provide documentation (such as a death certificate or letters of administration).
• Decide long-term plans – Heirs may choose to keep the property, refinance the loan, or sell the home.

Why Planning Ahead Matters

While federal law offers protection, estate planning can make the process much smoother. A well-drafted estate plan—such as using a revocable living trust or naming beneficiaries—can help avoid probate and ensure your loved ones can transition into homeownership with fewer complications.

Final Thoughts

Due-on-sale clauses can sound intimidating, but federal law protects families when property transfers occur because of death. With proper estate planning, you can ensure your loved ones not only inherit your home but also the peace of mind that comes with knowing the mortgage won’t suddenly become due.

If you have questions about estate planning or how to protect your family’s home, our team at Minter & Pollak, LC is here to help. Call us at (316) 265-0797 or click here to schedule your free estate planning consultation.

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In this post, we’ll bust some of the most common estate planning myths we hear from Kansas families and explain what you really need to know.

Myth #1: “Estate planning is only for the wealthy.”

The Reality:
An estate plan benefits everyone—not just people with large estates. Even if you don’t own significant property, you still need documents like a will, a transfer on death deed, a power of attorney, and healthcare directives. These ensure your assets are distributed according to your wishes and that someone you trust can make decisions if you can’t.

Myth #2: “A will is enough.”

The Reality:
A will is an important part of an estate plan, but it’s not the whole picture. In Kansas, assets like life insurance policies, retirement accounts, and jointly owned property pass outside of your will. Additionally, a will does not avoid probate, which can be time-consuming and costly. Trusts, beneficiary designations, and transfer-on-death deeds are additional tools that may help your family avoid probate.

The will also does not provide for help during your life if you were to become incapacitated, for that you need powers of attorney. More information regarding powers of attorney can be found here.

Myth #3: “My family will know what to do.”

The Reality:
Without a written plan, Kansas law decides who inherits your assets. This may not match your wishes and can create stress or conflict for your family. Clear instructions remove uncertainty and prevent disputes, especially in blended families or families with complex dynamics.

Myth #4: “Estate planning is only about money.”

The Reality:
While distributing property is a key part of an estate plan, it’s not the only one. A complete estate plan also includes:

• Healthcare directives (your wishes for medical treatment)
• Durable powers of attorney (who can handle your finances during your life if you cannot)
• Guardianship nominations (who should care for minor children)

These decisions are just as important as dividing assets.

Myth #5: “Once I create my estate plan, I’m done.”

The Reality:
An estate plan is not “set it and forget it.” Major life events—marriage, divorce, birth of a child, retirement, or moving to a new state—should trigger an update to your plan. Kansas law and your family’s circumstances can change, and your estate plan should evolve with them.

More information regarding when to update your estate plan can be found here.

Why Kansas Families Shouldn’t Wait

Putting off planning leaves your loved ones vulnerable to confusion, conflict, and unnecessary expenses. By addressing these myths head-on, you can take control of your future and ensure your family is protected.

Conclusion
Estate planning doesn’t have to be complicated—but waiting too long or relying on myths can create serious problems for your loved ones. With guidance from an experienced Kansas estate planning attorney, you can create a plan that reflects your wishes, avoids probate when possible, and provides peace of mind.

More information regarding creating an estate plan can be found in our blog.

At Minter & Pollak, LC, we help Kansas families create clear and effective estate plans tailored to their needs.

Call our office today at 316-265-0797 or click here to schedule a free consultation.

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Why Include Charitable Giving in Your Estate Plan?

There are both personal and financial benefits to incorporating charitable gifts:

• Personal Legacy: You ensure that the organizations you value continue to benefit from your support.
• Tax Savings: Charitable donations can reduce estate, income, or capital gains taxes.
• Flexibility: You can choose to make a gift during your lifetime, at death, or through a trust that benefits both your family and a charity.

Common Ways to Give

1. Bequests in a Will or Trust

The simplest option is to leave a set dollar amount, percentage, or specific asset to a charity through your will or trust.

2. Beneficiary Designations

You can name a nonprofit as a beneficiary of your retirement account or life insurance policy. This avoids probate and often provides tax advantages.

3. Charitable Remainder Trusts (CRTs)

A CRT allows you or your loved ones to receive income during your lifetime, with the remainder going to charity after your death. This strategy can reduce taxes and provide long-term support for your chosen cause.

4. Donor-Advised Funds (DAFs)

DAFs let you make contributions during your lifetime, receive an immediate tax deduction, and recommend grants to charities over time.

Balancing Family and Philanthropy

Many clients worry that charitable giving may take away from their family’s inheritance. The good news is that with careful planning, you can support your loved ones and your favorite organizations. For example:

• Use life insurance proceeds to benefit children while leaving retirement accounts to charity.
• Divide your estate into “shares” allocated between family members and nonprofits.
• Create a trust that provides income to your family first, then passes to charity.

Avoiding Common Mistakes

• Not Updating Your Plan: Ensure charities are still active and aligned with your values.
• Failing to Specify Details: Clearly name the organization and include tax ID numbers to avoid confusion.
• Overlooking Tax Implications: Work with a tax professional to maximize tax benefits.

Charitable giving is a powerful way to reflect your values and make a difference long after you’re gone. By incorporating nonprofits into your estate plan, you create a legacy that benefits both your family and your community.

At Minter & Pollak, LC, we help Kansas families explore charitable giving strategies that align with their goals. Call us today at (316) 265-0797 or click here to schedule your free consultation to learn how charitable planning can become part of your estate plan.

For additional information regarding estate planning please see our other blog posts here.

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An estate plan tailored to blended families can ensure fairness, minimize disputes, and provide peace of mind that your wishes will be carried out.

Why Blended Families Face Unique Estate Planning Challenges

Unlike traditional nuclear families, blended families often involve competing interests. Some of the common challenges include:

• Children from Previous Marriages: Without a plan, children from a first marriage may be unintentionally disinherited if all assets pass to the surviving spouse.
• Stepchildren: In Kansas, stepchildren have no automatic inheritance rights unless legally adopted.
• Conflict Between Spouse and Children: Surviving spouses may want security, while children from a prior relationship may want immediate inheritance.
• Unequal Assets: Families may have assets they want to keep separate (such as property brought into the marriage) versus assets they want to share.

These challenges underscore the importance of having clear, legally binding instructions.

Tools for Blended Family Estate Planning

1. Revocable Living Trusts

A revocable living trust is one of the most powerful tools for blended families. It allows you to:

• Distribute assets to your spouse during their lifetime.
• Guarantee that remaining assets pass to all your children after your spouse’s death.
• Avoid probate, which can be time-consuming and public.

Trusts give you flexibility and control while reducing the risk of family disputes.

2. Beneficiary Designations

Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override a will. It’s essential to review these designations regularly to ensure they reflect your current family situation.

3. Prenuptial and Postnuptial Agreements

These agreements can outline financial responsibilities and inheritance expectations, especially in later-in-life marriages. They are particularly helpful for preserving family property or businesses for children from a prior marriage.

4. Wills and Specific Bequests

A well-drafted will can specify personal property or heirlooms that should go directly to children or stepchildren, preventing misunderstandings.

Balancing Fairness and Family Harmony

Estate planning for blended families often involves balancing the needs of your spouse with the interests of your children. Some strategies include:

• Leaving certain assets outright to children while placing others in trust for your spouse.
• Using life insurance to provide for one party (such as children) while leaving other assets to your spouse.
• Having open conversations with your family about your decisions to avoid surprises later.

What Happens Without a Plan in Kansas?

If you die without a will (intestate) in Kansas, the law distributes assets to your spouse and biological children. Stepchildren are excluded, and the division between spouse and children may not reflect your wishes. This can create resentment and conflict that could have been avoided with a clear plan.

See our blog post regarding intestate succession here.

Blended families deserve estate plans that honor the complexities of their relationships. With the right tools, you can provide for your spouse, protect your children, and avoid costly disputes.

At Minter & Pollak, LC, we work with Kansas families to design estate plans that fit their unique circumstances. Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your blended family’s future.

For additional information regarding Kansas Estate Planning please see our blog here.

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What Does an Executor Do in Kansas?

An executor (sometimes called a personal representative) is appointed in your last will and testament to handle your estate after you pass away. In Kansas, this process takes place through the district court in the county where you resided at the time of your death.

An executor’s duties may include:

• Filing the original will with the Kansas probate court
• Notifying beneficiaries and creditors
• Collecting and managing estate assets
• Paying outstanding debts and taxes
• Distributing property as directed in the will

Because probate in Kansas can take at minimum six months, your executor should be someone who is responsible, organized, and willing to work with attorneys and the court system.

What Does a Trustee Do in Kansas?

A trustee manages the assets held in a revocable or irrevocable trust. Unlike an executor, a trustee’s work usually takes place outside of probate court, which often saves time and money.

Trustee responsibilities include:

• Managing and investing trust assets wisely
• Following the instructions in the trust document
• Making distributions to beneficiaries as required
• Keeping accurate records and providing reports
• Acting in the best interests of the beneficiaries

Because a trust may last for many years, a trustee’s role can be long-term and ongoing, requiring consistent attention and judgment.

Executor vs. Trustee: Key Differences

• Court Oversight: Executors work under probate court supervision, while trustees generally do not.
• Duration: An executor’s role typically ends once the estate is settled. A trustee may serve for many years.
• Responsibilities: Executors handle estate administration, debts, and taxes. Trustees manage trust property and ongoing distributions.

How to Choose the Right Executor or Trustee

When choosing someone for either role in Kansas, look for a person who is:

• Honest and trustworthy
• Financially responsible
• Good at communication and organization
• Willing to seek legal or financial guidance

Some families choose a relative, while others prefer a professional trustee or corporate fiduciary, especially when assets are complex or family relationships are sensitive.

For guidance, you may want to speak with a Kansas estate planning attorney who can help you evaluate your options.

FAQs About Executors and Trustees in Kansas

Who can be an executor in Kansas?
In Kansas, an executor (personal representative) must be at least 18 years old and of sound mind. Many people choose a spouse, adult child, or trusted friend, but you may also appoint a professional or corporate fiduciary.

Do executors in Kansas get paid?
Yes. Executors are entitled to “reasonable compensation” for their work. This is often based on a percentage of the estate or an hourly rate, depending on the complexity of the estate.

Does a trustee have to go through probate in Kansas?
No. One of the main advantages of creating a living trust in Kansas is that it avoids probate. Trustees manage and distribute trust assets directly, without court involvement.

Can one person serve as both executor and trustee in Kansas?
Yes. If your estate plan includes both a will and a trust, you may appoint the same person to serve as executor and trustee. This can streamline administration, but it is not required.

How do I know if I need both an executor and a trustee?
Most people with a simple estate only need an executor. However, if you create a trust to avoid probate, manage complex assets, or provide long-term support for loved ones, you will also need to appoint a trustee.

Final Thoughts

Both executors and trustees play a vital role in your Kansas estate plan. By understanding their responsibilities, you can make informed decisions that protect your legacy and provide clarity for your family.

If you need help deciding who should serve as executor or trustee in your estate plan, the attorneys at Minter & Pollak, LC can guide you through the process and ensure your plan works as intended. Contact us today at (316) 265-0797 or click here to schedule a free estate planning consultation.

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Why Regular Estate Plan Updates Matter

An estate plan isn’t something you create once and forget about. Life changes—and your estate plan should, too. Failing to update your estate plan can lead to unintended consequences, such as assets going to the wrong people, guardianships not being honored, or outdated medical directives.

To ensure your wishes are carried out accurately, review your estate plan whenever significant life events occur.

Life Events That Should Trigger an Estate Plan Review

1. Marriage or Divorce

Getting married means incorporating your spouse into your estate plan—perhaps as a primary beneficiary, healthcare agent, or power of attorney. Conversely, if you divorce, you may need to remove your ex-spouse from these roles to prevent future legal complications.

2. Birth or Adoption of a Child

Welcoming a child into your life is a crucial time to update your estate plan. You’ll want to:

• Name guardians for minor children
• Create or update a trust
• Adjust beneficiary designations

This ensures your child is protected and provided for in case of an emergency.

3. Death of a Loved One

If someone named in your estate plan—like an executor, trustee, guardian, or beneficiary—passes away, update your documents to reflect replacements and new allocations.

4. Significant Changes in Assets or Financial Status

Buying or selling a business, receiving an inheritance, or experiencing a major increase (or decrease) in wealth may require you to adjust your estate plan to:

• Reallocate assets
• Reconsider tax planning strategies
• Update trust provisions

5. Moving to Another State

Estate planning laws vary by state. If you move to or from Kansas, your estate plan should be reviewed to comply with local regulations on wills, powers of attorney, and advance healthcare directives.

6. Changes in Tax Laws

Federal or state estate and gift tax laws may change, and those changes can affect your plan’s efficiency. Periodic reviews with an estate planning attorney ensure your plan still minimizes tax burdens appropriately.

7. Changes in Relationships

Have your relationships with key people changed? You may want to reconsider:

• Who serves as your executor or trustee
• Who holds your power of attorney
• Who receives your assets

A falling-out, reconciliation, or new close relationship might justify updates to your plan.

How Often Should You Review Your Estate Plan?

Even without major life events, it’s wise to review your estate plan every 3–5 years. Laws change, your financial situation may evolve, and your preferences might shift over time.

Work With an Experienced Estate Planning Attorney

If any of these events apply to you—or if you’re unsure whether your estate plan is still up to date—it’s a good idea to consult with an experienced estate planning attorney. At Minter & Pollak, LC, we help clients across Kansas ensure their estate plans reflect their current wishes and circumstances.

Call our office today at 316-265-0797 or click here to schedule a free consultation and make sure your estate plan is working for you—not against you.

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At Minter & Pollak, LC, we help families across Kansas understand and navigate the legal implications of estate planning and probate. Here’s what you need to know if you or a loved one dies without a will in Kansas.

Kansas Intestate Succession Laws: Who Inherits?

In the absence of a will, Kansas law determines who receives your property based on your family structure. Here’s how assets are typically divided:

✅ If You Are Married With No Children

Your spouse inherits everything.

✅ If You Are Married With Children

Your spouse receives 50% of your estate, and your children share the remaining 50%.

✅ If You Have Children But No Spouse

Your children inherit your entire estate, divided equally among them.

✅ If You Have No Spouse or Children

Your estate goes to your parents. If they are deceased, your siblings inherit everything.

✅ No Immediate Family?

The estate will be distributed to more distant relatives under a specific order outlined by Kansas law. If no relatives can be found, the estate may escheat (revert) to the State of Kansas.

What Assets Are Affected?

Intestate succession only applies to assets that would have passed through a will, such as:

• Solely owned real estate
• Personal belongings
• Bank accounts without named beneficiaries
• Investments or retirement accounts without beneficiary designations

Assets with named beneficiaries—such as life insurance policies, payable-on-death bank accounts, or jointly held property—pass outside of probate and are not affected by intestacy laws.

What Are the Risks of Dying Without a Will?

Dying without a will can lead to a number of challenges for your family:

❌ Loss of Control

You don’t get to choose who inherits, who handles your estate, or who cares for minor children.

❌ Delays and Legal Costs

Without a clear plan, the probate process can be slower, more expensive, and more stressful for your loved ones.

❌ Family Conflict

Unclear expectations or unexpected inheritances often lead to disputes among heirs—especially in blended families or when estranged relatives are involved.

❌ No Guardian for Minor Children

If you have minor children and die without a will, the court will appoint a guardian. This person may not be the individual you would have chosen.

What Can You Do to Avoid These Problems?

Creating an estate plan—no matter how simple—can provide peace of mind and protect the people you love. A basic estate plan in Kansas typically includes:

• A Last Will and Testament
• Durable Power of Attorney
• Health Care Directive or Living Will
• HIPAA Authorization
• (Optional) Revocable Living Trust for avoiding probate

Even if you don’t have significant wealth, an estate plan ensures your wishes are honored and makes life easier for your family during a difficult time.

Don’t Leave It Up to the State

Estate planning is about more than just passing on property—it’s about taking care of your family and protecting your legacy. By creating a will, you ensure that:

• Your assets go to the people you choose
• Your children are cared for by someone you trust
• The probate process is faster and less expensive

Need Help Creating an Estate Plan in Kansas?

At Minter & Pollak, LC, we offer free estate planning consultations and customized solutions for clients throughout Wichita and Kansas. Whether you’re starting from scratch or need to update an existing plan, we’re here to help.

📞 Call us today at (316) 265-0797 or click here to schedule your free consultation.

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At Minter & Pollak, LC, we guide families through the Kansas probate process with compassion and clarity. This post will help you understand how probate works, when it’s required, how long it takes, and how an experienced probate attorney can help.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. It includes:

• Proving the validity of the will (if one exists)
• Appointing an executor or administrator
• Identifying and valuing assets
• Selling or liquidating assets, if needed
• Paying debts, taxes, and final expenses
• Distributing remaining assets to beneficiaries or heirs

In Kansas, probate is handled by the District Court in the county where the deceased person resided at the time of death or if they were not Kansas residents at the time of their death then in the county where their real estate is located.

When Is Probate Required in Kansas?

Probate is typically required if:

• The decedent owned assets solely in their name (such as a home or bank account with no co-owner or beneficiary designation)
• The total value of non-real estate probate assets exceeds $75,000
• The decedent owned real estate not held in joint tenancy

However, probate may not be necessary for smaller estates or if all assets pass outside of probate, such as:

• Jointly owned property with rights of survivorship
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Life insurance policies with a named beneficiary
• Trust assets

Types of Probate Proceedings in Kansas

Kansas offers several types of probate procedures, depending on the size and complexity of the estate:

1. Informal Administration (Simplified Probate)

For small estates under $75,000, heirs can use a Small Estate Affidavit to collect property without going through the full probate process.

2. Formal Probate (Full Administration)

Most estates go through formal probate, which involves court oversight and can take several months to a year, depending on complexity and whether there are disputes. A formal probate should be commenced within six months from the date of death if the person had a will. This can be done regardless of the existence of a will.

3. Determination of Descent

This is a proceeding that can be done if no probate is filed within six months of death and there are assets in need of administration. All property is distributed pursuant to the laws of intestacy even if the person had a will.

How Long Does Probate Take in Kansas?

The length of probate depends on the size of the estate, the clarity of the will, and whether any disputes arise. On average, formal probate takes between 6 months and 1 year in Kansas. It can take longer if there are:

• Multiple heirs or beneficiaries
• Will contests or legal disputes
• Complex or hard-to-value assets (e.g., businesses, oil/gas interests)
• Tax issues or creditor claims

What Does the Executor Do?

The executor (also known as the “personal representative”) is responsible for managing the estate through the probate process. Their duties include:

• Filing the will and petitioning the court
• Notifying heirs, beneficiaries, and creditors
• Inventorying and valuing assets
• Paying valid debts and taxes
• Distributing assets according to the will or Kansas law
• Filing final reports with the court

Because the executor has a legal duty to act in the best interests of the estate, it’s highly recommended that they work with an experienced probate attorney.

How Can a Kansas Probate Attorney Help?

The probate process can be time-consuming, complicated, and emotionally draining—especially while grieving a loved one. An experienced probate attorney in Kansas can:

• File all required court documents
• Advise you on your legal responsibilities
• Help resolve disputes between heirs or creditors
• Expedite the process and avoid costly mistakes
• Protect your rights and those of the estate

At Minter & Pollak, LC, we’ve helped families across Kansas navigate the probate process with confidence and compassion.

Schedule a Free Probate Consultation

If you’ve recently lost a loved one and are unsure where to start, we’re here to help. Our compassionate team will walk you through your next steps and handle the legal process on your behalf.

📞 Call Minter & Pollak, LC at 316-265-0797 or click here to schedule your free probate consultation.

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Creating an estate plan is one of the most important things you can do to protect your loved ones and ensure your wishes are honored. Whether you’re starting from scratch or updating an existing plan, the process can feel overwhelming—but it doesn’t have to be. Here’s a clear, step-by-step guide to help you get started.

Step 1: Take Inventory of Your Assets

Start by listing everything you own, including:

• Real estate
• Bank and investment accounts
• Retirement plans
• Life insurance policies
• Vehicles and valuable personal property
• Business interests

Having a clear picture of your assets will help you make informed decisions throughout the planning process.

Step 2: Identify Your Goals

Consider what matters most to you:

• Who should receive your property?
• Who should care for your minor children?
• Who will manage your finances or make healthcare decisions if you’re unable to?
  Clarifying your goals ensures your plan reflects your values and priorities.

Step 3: Choose Key People

You’ll need to select trusted individuals for important roles, such as:

• Executor of your will.
• Guardian for minor children.
• Agent under a power of attorney.
• Healthcare proxy or medical power of attorney.

Choose people you trust to carry out your wishes and communicate your wishes with them in advance.

Step 4: Create the Core Documents

Work with an experienced estate planning attorney to draft or update:

• Last Will and Testament – Names beneficiaries and an executor
• Trust (if needed) – Helps avoid probate, manage complex assets, or care for minor or special needs beneficiaries
• Durable Power of Attorney – Allows someone to manage your finances if you’re incapacitated
• Healthcare Power of Attorney and Living Will – Names someone to make medical decisions and outlines your healthcare preferences
• Transfer on Death Deed – Allows you to transfer real estate outside of probate.

Step 5: Review and Update Beneficiary Designations

Check the beneficiaries listed on:

• Retirement accounts (401(k), IRA)
• Life insurance policies
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

These designations override your will, so it’s critical they align with your estate plan.

Step 6: Consider Tax Implications

Depending on the size of your estate and the state where you live, estate or inheritance taxes could apply. Your attorney can help structure your plan to minimize potential tax burdens on your heirs.

Step 7: Store and Share Your Plan

Keep your estate planning documents in a secure but accessible location. Share copies or locations with your executor and key family members. It’s also wise to give your healthcare agent a copy of your medical directives.

Step 8: Review Your Plan Regularly

Life changes—so should your estate plan. Review your documents every few years or after major events like:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or executor
• Major financial changes

Need Help Getting Started?

You can download the Step-by-Step Guide below to help you prepare for your estate planning consultation.

At Minter & Pollak, LC, we help individuals and families across Kansas create customized estate plans tailored to their needs. Whether you’re new to planning or need to update your documents, our team is here to guide you every step of the way.

📞Contact us today at (316) 265-0797 or click here to schedule a free consultation and take the first step toward peace of mind.

Photo by Katelyn Perry on Unsplash.

At Minter & Pollak, LC, we help new parents like you create peace of mind through clear, customized legal plans.

Why New Parents Need an Estate Plan

If something were to happen to you or your child’s other parent, would your wishes be known? Without an estate plan:

• The court may choose a guardian for your child.
• Your assets may not be distributed the way you intend.
• Your child could inherit everything at 18, regardless of maturity.

Estate planning ensures you make the decisions—not the court.

6 Key Estate Planning Tools for New Parents

1. Name a Guardian for Your Child

Appoint someone you trust to care for your child if you’re no longer able to. This decision is often the most important—and the most overlooked.

✅ Tip: Always name a backup guardian in case your first choice is unavailable.

2. Create a Will

A will allows you to:

• Legally name a guardian
• Specify who inherits your assets
• Appoint an executor to carry out your wishes

In Kansas, a will must follow state law to be valid. A DIY document may not hold up in court.

3. Establish a Trust for Your Child

Trusts allow you to:

• Avoid probate
• Manage your child’s inheritance
• Appoint a trustee to oversee funds until your child reaches an appropriate age

⚖️ Common option: A revocable living trust lets you stay in control during your lifetime and provides seamless transition after.

4. Durable Power of Attorney & Health Care Directive

These documents appoint someone you trust to make financial and medical decisions if you become incapacitated.

5. Purchase Life Insurance

Life insurance provides crucial financial support for your child’s care and education. Be sure your policy names the correct beneficiary—and consider directing funds into a trust.

6. Update Beneficiary Designations

Your will doesn’t override beneficiary forms. Review and update:

• Life insurance
• Retirement accounts (401k, IRA)
• Bank accounts with POD or TOD designations

Mistakes to Avoid

• ❌ Not naming a guardian
• ❌ Leaving assets directly to minors
• ❌ Forgetting to update your plan after new children or major life changes

We Help Kansas Families Protect What Matters Most

Whether you’re a first-time parent or growing your family, our team is here to help you:

• Understand your options
• Draft clear and effective legal documents
• Plan for your child’s care and financial future

📞 Schedule Your Free Consultation Today

Don’t wait until it’s too late to make a plan. Contact Minter & Pollak, LC today and let’s build a secure future for your family.

👉 Call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Mariela Ferbo on Unsplash.

In this post, we’re covering the top 5 estate planning mistakes—and exactly how you can avoid them.

🔴 1. Not Having an Estate Plan at All

The Mistake:
Many people believe estate planning is only for the wealthy or older people. This assumption leads to procrastination—or no plan at all.

Why It Matters:
Without a will or trust, state law decides who gets what. This often results in long, expensive probate proceedings and outcomes that may not reflect your wishes. It is particularly important in Kansas if you own a home as there are ways to avoid probate of your real estate through transfer on death deeds.

How to Avoid It:
Start now. Even a simple estate plan provides clarity and peace of mind. Our firm can help you create a plan tailored to your goals and family needs.

🔧 2. Using DIY Templates or Online Legal Forms

The Mistake:
Online will templates and DIY services can appear cost-effective, but they come with hidden risks.

Why It Matters:
Generic documents often don’t comply with state laws, and they may miss critical clauses that protect your family or estate. You also might not realize some common pitfalls that could result in your wishes not being followed.

How to Avoid It:
Work with an experienced estate planning attorney who can draft custom documents that reflect your unique situation and comply with all legal requirements.

🔁 3. Forgetting to Update Your Estate Plan

The Mistake:
Estate plans are often written once and never revisited—even after major life events.

Why It Matters:
A plan that’s out of date may no longer represent your wishes or account for new family members, changes in assets, or legal changes.

How to Avoid It:
Review your plan every 3–5 years, or after any major life event (marriage, divorce, new child, retirement, etc.). Our firm provides free reviews of existing documents to see if they need to be updated.

👥 4. Not Updating Beneficiary Designations

The Mistake:
Forgetting to update the named beneficiaries on retirement accounts, life insurance, or payable-on-death accounts.

Why It Matters:
These designations override your will or trust. For example, an ex-spouse or outdated relative could unintentionally inherit an account.

How to Avoid It:
Regularly review and update all beneficiary designations to ensure they align with your overall estate plan. This is true even if you think that all accounts have beneficiary designations as often times an account is missed and taking a few minutes the next time you talk to your bank or financial planner to verify designations could help avoid problems for your heirs.

🛑 5. Ignoring Incapacity Planning

The Mistake:
Most people focus only on what happens after death and neglect planning for incapacity due to illness or injury.

Why It Matters:
Without a power of attorney or healthcare directive, your loved ones may have to go through court just to make decisions on your behalf.

How to Avoid It:
Include a durable power of attorney and advance healthcare directive as part of your estate plan. These documents ensure trusted individuals can act on your behalf if needed. We often tell your clients that powers of attorney are the most important documents they will sign as it will allow a trusted family member to help them handle their affairs and make medical decisions on their behalf if they are unable to do so. See our blog regarding Financial Powers of Attorneys and Medical Powers of Attorneys.

✅ Final Thoughts

A well-crafted estate plan protects your loved ones, minimizes taxes and delays, and gives you control over your legacy. Avoiding these common mistakes helps ensure your wishes are followed—and your family is supported.

📞 Ready to Create or Update Your Estate Plan?

Whether you’re starting from scratch or updating an outdated plan, our team is here to help.

Call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Kenny Eliason on Unsplash.

While estate planning conversations may not be festive, the holidays offer a unique opportunity to ensure your loved ones are informed, aligned, and prepared. At Minter & Pollak, LC, we believe having these conversations now can save your family significant stress and conflict later.

Family Gatherings Offer a Rare Opportunity

For many families, the holidays may be the only time of year when everyone is in the same place. This makes it an ideal time to:

• Share your estate planning intentions
• Explain roles assigned in your will, trust, powers of attorney, or healthcare directives
• Answer questions in real time and avoid confusion down the line

You don’t have to share the full contents of your estate plan, but you should let your loved ones know:

• That a plan exists
• Where your estate planning documents are located
• How to access them (e.g., the safe combination, location of safe deposit box)

Prevent Family Disputes with Clear Communication

The purpose of an estate plan is to protect your loved ones and reduce conflict after you’re gone. However, the documents themselves can’t always provide complete guidance.

Discuss Your Wishes—Before a Crisis

Medical emergencies and end-of-life situations are emotionally charged. If your loved ones are left to guess what you would have wanted, it can lead to guilt, indecision, or even arguments.

Consider discussing:

• Your wishes about life-sustaining care
• Whether you’d prefer hospice at home
• Preferences for feeding tubes, resuscitation, or comfort care

When everyone hears the same message directly from you, it reduces the risk of disagreement and ensures your values are respected.

Clarify Gifts of Sentimental Personal Property

One of the most common sources of family conflict after a death is not about money—but about items of sentimental value.

Use this holiday gathering to:

• Ask your family members what personal property items matter most to them
• Complete or update your Memorandum of Tangible Personal Property
• Put your wishes in writing to prevent confusion

Even if the item has little financial worth—like a wedding ring, military medal, or family photo album—it may carry deep emotional value.

Review and Update Your Estate Plan

If you already have an estate plan in place, the holidays are a good time to review it. A lot can change in a year:

• Marriage or divorce
• Birth of a child or grandchild
• Sale or purchase of property
• Changes in tax laws or financial status

You should also confirm whether the individuals you’ve chosen for key roles—such as executor, trustee, or healthcare agent—are still appropriate and willing to serve.

Peace of Mind for You and Your Loved Ones

We often hear clients say their children have been urging them to get an estate plan in place. Many adult children have seen the stress of settling a parent’s estate without proper planning—and they want to avoid repeating that experience.

By having these conversations now, you’re giving your family a priceless gift: clarity, peace of mind, and reduced stress when it matters most.

Strengthen Family Bonds Through Open Communication

Estate planning isn’t just a legal task—it’s a family matter. Open discussions during the holidays can:

• Strengthen relationships
• Encourage responsibility
• Foster support between generations

Explaining your decisions helps your loved ones understand your perspective and feel included in your planning. This sets the stage for ongoing, productive conversations about family finances, caregiving, and legacy.

Don’t Wait—Make the Holidays Count

The holidays are a time for connection—and that includes talking about the future. Having open conversations now can help prevent confusion, avoid conflict, and ensure that your wishes are honored.

Need Help With Your Estate Plan?

Whether you’re creating your first plan or reviewing an existing one, we’re here to help. At Minter & Pollak, LC, we offer free estate planning consultations to help you start—or update—your plan with confidence.

📞 Call us today at (316) 265-0797 or click here to schedule your free consultation.t your wishes are clearly defined and legally protected. 

Photo by Karolina Grabowska on Unsplash.

Here’s what you need to do next to complete your estate plan:

1. Real Estate

Ensure all your real estate is titled in the name of your Trust.

• If your attorney didn’t transfer your real estate to the Trust, this can be done through:
  • A deed conveying the property to your Trust, or
  • A Transfer on Death Deed naming the Trust as beneficiary.
• Important: If you purchase new property in the future, the same steps must be taken to include it in your estate plan.

Note: At Minter & Pollak, LC, we include deeds in all estate planning packages, but not all law firms do.

2. Bank Accounts

Make sure your bank accounts are either:

• Titled in the name of your Trust, or
• List the Trust as the Payable on Death (POD) beneficiary.

Tip: Next time you visit your bank, ask a representative to verify that all accounts have proper beneficiary designations.

3. Retirement Accounts (IRA, 401k, 403b, etc.)

Do NOT retitle these accounts to your Trust—doing so could trigger a taxable event.

Instead:

• Confirm the beneficiary designations are current.
• Designate either individual beneficiaries or your Trust.
• Consult your financial advisor to determine which option offers the best tax treatment.

4. Life Insurance Policies

Now is the perfect time to review your life insurance beneficiaries.

• Ensure the listed beneficiaries still reflect your wishes.
• You may name an individual or your Trust as the beneficiary.

5. Vehicles

You have two options for aligning vehicles with your estate plan:

• Designate a Transfer on Death (TOD) beneficiary with your local tag office, or
• Title the vehicle in the name of your Trust.

Reminder: If you change the title, notify your insurance company to avoid coverage issues.

6. Safe Deposit Boxes

Change the ownership of any safe deposit boxes to your Trust.

This ensures your Successor Trustee has immediate access, especially if you store valuable items like coins, precious metals, or important documents.

Avoiding Probate

If any assets remain outside of your Trust at the time of your death, a probate proceeding will likely be required to transfer them. Taking the above steps helps avoid this costly and time-consuming process.

Long-Term Considerations

✅ Review for Changed Circumstances

Life changes—and so should your estate plan. Ask yourself:

• Have your children grown up and become financially independent?
• Has your marital status or financial situation changed?
• Do you still need a Trust, or could a simpler plan suffice?

A qualified estate planning attorney can help tailor your plan to your current needs.

❌ If Someone Passes Away

If someone you’ve named as:

• Executor
• Trustee
• Successor Trustee
• Power of Attorney (Attorney-in-Fact)

passes away or becomes unavailable, update your documents immediately. Otherwise, your plan may not function as intended when it’s needed most.

We often see clients with outdated Powers of Attorney who must go through Guardianship or Conservatorship proceedings because no named agents were still living.

Tip: Review your documents every 3–5 years.

📁 Retaining Original Documents

Revocable Trust:
Keep all original versions of your Trust, even if you later amend it. After your death, third parties may require access to all previous versions to verify authority and intent.

Will:
Under Kansas law, the original Will must be filed with the Court after your death.
If it cannot be found, there is a legal presumption that you revoked it. Also:

• Do not make handwritten edits to your Will.
• Any changes must follow the same legal formalities as the original.

Storage Tip: Keep your documents in a secure location known to your Executor.

Need to Make Changes?

If you need to revise your estate planning documents, always work with a licensed attorney. DIY forms and online tools often fail to meet state law requirements and can be deemed invalid—putting your estate at risk.

For additional information regarding estate planning please see our blog.

Free Estate Planning Consultations
Minter & Pollak, LC offers free consultations, including reviews of existing estate plans. Whether you need to set up a Trust or revise your current documents, we’re here to help.

📞 Call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Getty Images on Unsplash.

Whether you need a simple will or a comprehensive estate plan, a little preparation can go a long way. Here’s how to get ready for your free estate planning consultation.

Step 1: Define Your Estate Planning Objectives

Before your appointment, think about your goals and how you want your assets handled after your death.

Questions to Consider:

• How should your assets be distributed?
  For some, this is easy—leave everything equally to your children. For others, it may be more complicated. Having an idea, even if it’s not final, is a helpful starting point.
• Who will make decisions on your behalf?
  You’ll need to name trusted individuals for roles such as:
  • Durable Power of Attorney (for financial matters) Healthcare Power of Attorney, Executor of your Will or Trustee of your Trust
  We recommend naming at least one backup for each role to avoid complications if someone becomes unavailable.
• Are there special family dynamics to consider?
  Let us know about:
  • Disabled beneficiaries
  • Estranged family members
  • Family businesses or real estate
  • Concerns about fairness or conflict

This helps us customize your estate plan to your family’s unique situation.

Step 2: Make a List of Estate Planning Questions

We understand that estate planning involves thinking about difficult topics. To help make the most of your consultation, take time to write down any questions or concerns you may have, such as:

• Do I need a trust or will?
• What documents do I need?
• How can I avoid probate?
• What happens if I become incapacitated?

Asking the right questions ensures your plan reflects your wishes and protects your loved ones.

Step 3: Know What to Bring to Your Estate Planning Meeting

Clients often ask us: “What do I need to bring to my estate planning consultation?”

We try to make this simple. You do not need to bring account statements or detailed spreadsheets. Instead, we ask that you have a general understanding of your assets, including:

• Real estate (home, rentals, land)
• Retirement accounts (401(k), IRA, pensions)
• Life insurance policies
• Bank or investment accounts
• Business ownership interests

This information helps us determine whether you would benefit most from a will-based plan, a revocable living trust, or other estate planning tools.

Conclusion: Taking the First Step Toward Peace of Mind

Preparing for your estate planning consultation doesn’t have to be complicated. By reflecting on your wishes and organizing some basic information, you can take control of your future and make decisions that protect your family.

For additional information regarding estate planning please see our blog.

Schedule Your Free Estate Planning Consultation Today
Ready to get started? Call 316-265-0797 or click here to schedule online with one of our experienced estate planning attorneys at Minter & Pollak, LC.

Photo by Kateryna Hliznitsova on Unsplash.

Many people who contact our office about estate planning believe they need a revocable living trust. This is no surprise—there’s an entire industry online that suggests a trust is essential for everyone.

However, in our experience, many clients find that a basic will-based estate plan can accomplish their goals, avoid probate, and cost significantly less than a trust. Below are some of the main factors we evaluate when determining whether a trust is necessary.

1. Simple Estate

If your estate is straightforward—with minimal assets, uncomplicated family dynamics, and little chance of disputes—a last will and testament may be sufficient. Wills are generally simpler and less expensive to set up and manage compared to trusts.

2. Limited Assets

Trusts are most helpful when clients have substantial assets or complex financial arrangements. If your property can be transferred easily through beneficiary designations or transfer-on-death (TOD) deeds, you may not need a trust.

3. Privacy Concerns

Trusts do provide privacy since they are not public record, unlike wills that go through probate. If confidentiality of your estate plan is not a major concern, a will may meet your needs without the added complexity of a trust.

4. Probate Avoidance

One of the main reasons people choose a trust is to avoid probate, the court process of administering an estate. But a trust is not the only way to achieve this. Strategies such as TOD deeds, joint ownership, and beneficiary designations can often avoid probate just as effectively.
👉 Read our blog on probate avoidance options here.

5. Cost Considerations

Creating and maintaining a trust involves legal fees and ongoing administrative responsibilities. For smaller or less complex estates, these costs may outweigh the benefits compared to a simple will.

6. Management Preferences

Trusts require active management to ensure assets are properly titled and administered. If you prefer a more straightforward approach with less ongoing oversight, a will may be a better option.

7. Tax Misconceptions

A common misconception is that a trust automatically reduces estate taxes. In reality, unless your estate exceeds the current federal estate and gift tax exclusion (over $15 million per person or $30 million per couple beginning January 1, 2026), a trust may not provide additional tax savings. Additionally, tax benefits like the stepped-up basis on inherited property apply to transfers made through wills, beneficiary designations, and trusts alike.

Conclusion: Do You Need a Trust or a Will?

While trusts can be valuable estate planning tools, they are not necessary for everyone. Your decision should be based on your financial situation, family dynamics, and estate planning goals.

At Minter & Pollak, LC, we provide free estate planning consultations in Wichita to help families determine whether a will, a trust, or a combination of planning tools is right for their needs.

👉  Call our office today at 316-265-0797 or click here to schedule a free consultation to discuss if a trust is right for you and your family.

Photo by Javier Allegue Barros on Unsplash.

This is often a reason driving people come to us. Many have gone through the probate process for a loved one and want to spare their families the same experience. Probate in Kansas can be expensive, time-consuming, and stressful, often taking months to complete.

Fortunately, there are tools available under Kansas law that allow you to transfer assets to your beneficiaries outside of probate. Below are the most common ways to do so.

Property Held Jointly with Rights of Survivorship

Joint tenancy with rights of survivorship allows two or more people to own equal shares of an asset. When one owner dies, their share passes automatically to the surviving owner(s) without going through probate.

• This is common for bank accounts and real estate.
• Important note: Many property owners think they have joint tenancy, but the deed language is incorrect and instead creates tenancy in common, which does require probate.

🔎 Recommendation: Have your real estate deeds and bank accounts reviewed to confirm proper joint ownership is in place.

Payable on Death (POD) Designations

A Payable on Death (POD) designation allows you to name a beneficiary on a bank account or other financial account. When you pass away, the account transfers directly to the named beneficiary without court involvement.

• POD is a contract with your bank, so make sure each account has one.
• Do not confuse this with adding a child or relative as a co-owner, which gives them legal access to your money during your lifetime and may expose the account to their creditors.

🛠️ Action step: Ask your bank to confirm that all your accounts have POD designations in place.

Transfer on Death (TOD) Deeds

A Transfer on Death (TOD) Deed allows you to name a beneficiary who will automatically inherit your real estate upon your death—without going through probate.

• TOD Deeds must be filed with the Register of Deeds in the county where the property is located.
• Married couples can file a joint TOD Deed, with the transfer taking effect after the second spouse passes away.
• You retain full control of your property during your lifetime—you can sell, refinance, or revoke the deed.

🏡 Planning tip: If you move or buy new property, you’ll need to file a new TOD Deed for the new property.

Small Estate Affidavit (Kansas)

Kansas allows a Small Estate Affidavit to be used if the total value of an estate is less than $75,000 (excluding real estate).

• This tool allows heirs to collect and transfer property without probate.
• Heirs fill out a simple form provided by the Kansas Judicial Council and present it to the institution holding the assets.

💡 Ideal for: Estates with bank accounts, life insurance, or other financial assets under $75,000.

Revocable Trusts

A Revocable Trust is a powerful estate planning tool that:

• Allows you to transfer ownership of your assets to a trust during your lifetime.
• Provides a private, court-free method of distributing assets upon your death.
• Can be amended or revoked at any time while you’re alive and competent.

While a trust can eliminate the need for probate, not everyone needs one. In many cases, using the tools above (POD, TOD, joint ownership) can avoid probate without the added cost of creating and funding a trust. See our blog post on selecting a Trust here.

Final Thoughts: The Importance of Proper Planning

Kansas law offers several ways to avoid probate, but using these tools incorrectly can still lead to unintended consequences—and probate.

That’s why it’s important to work with a qualified estate planning attorney who can help you choose and properly implement the best strategy for your specific situation.

Get Help Avoiding Probate in Kansas

At Minter & Pollak, LC, we help individuals and families across Kansas create effective, affordable estate plans. We offer free initial consultations and are happy to review your existing plan to ensure probate can be avoided.

For additional information regarding estate planning please see our blog.

📞 Call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Getty Images on Unsplash.