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Questions Answered by Scott C. Stockwell
1 Answer | Asked in Estate Planning for Kansas on
Q: My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?

Who does she present it to, and how does she present it? Her mother passed away 15 December 2021, and she is trying to figure this all out. She has a check from her mom's original checking account, made out to her mom's Irrevocable Family Trust, and she needs to open an account under... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: How should we title our cars with husband's & wife's name: with OR or AND?

Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

From the Kansas Department of Revenue Motor Vehicles Department website:

In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:...
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1 Answer | Asked in Probate for Kansas on
Q: My dad recently passed away. Do we have to Apply for probate and appoint an executor if we can all agree on stuff
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Kansas on
Q: If a home in Kansas has a TOD deed, how long will the beneficiary need to wait to sell the home?
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: If a person passes before they receive their share of an inheritance, where does the money go.

My mom was executor of her aunts estate. She passed in 2000 and left $30,000 to be divided 3 ways. It took a long time for everything to be settled. In the meantime my mom put the money in cd's. My mom is 86 now and just remembered the money was still there. In the meantime, one of the ladies... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a person is appointed as executor of an estate, that person is answerable to the judge or court who appointed her or him. If a beneficiary of a probate estate predeceases the distribution, the court would most likely refer to the provisions of the will. If the will did not provide some... Read more »

2 Answers | Asked in Contracts for Kansas on
Q: daughter needs to get out of her lease and away from an abusive person.. what kind of paperwork must we provide kansas
Scott C. Stockwell
Scott C. Stockwell
answered on Dec 11, 2021

Kansas has an online portal where your daughter may go and apply for a protection from abuse order. If her internet use might be monitored by the abuser, she should call 911. If she is able to safely access the internet, the Kansas Protection Portal is at https://www.kspop.org/. She can enter the... Read more »

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1 Answer | Asked in Business Formation and Business Law for Kansas on
Q: Hello, I am wanting to start a small business, but I am 16 and do not know the legal specifications to meet.
Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Persons who are under the age of eighteen are not empowered by law to make their own agreements or obligations. The rule, generally speaking, is for the benefit of the minor, so that the minor is not committed to some obligation not in her or his benefit.

Before you turn eighteen, your...
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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If a DD was done but was not done for a case not yet heard in probate does that mean that the case will be dismissed

My brother passed they did a DD in his probate I filed a petition for probate for our mothers property which now they say will be dismissed because of the DD on my brothers estate… he was not a owner of her property she was the sole owner…

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

It is not unusual that the estates of multiple people relate to one another. There is not enough information in your inquiry to explain why the determination of descent for your brother's estate would eliminate the need for probate of your mother's estate. If you are trying to handle your... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My sister passed away a few months ago and we are needing to set up a estate. I found a form online but need help.

Hello, thank you for taking the time to hopefully answer my questions. My sister passed away a few months ago and we are working to wrap up a few things. She has some benefits, paychecks, 401k etc. from her job and they are saying that we need to set up a small estate. She lived and passed in... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

There are several options for small estates, depending upon the size of the estate and the type of assets involved. You should be able to find legal counsel who will provide a free consultation to determine your options and identify the cost. If there are sufficient assets in the estate, you... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I had someone too be a POA and and they took a lot of things out of our house but is there anything that I can do. Shor

Shortly after we wrote her POA she took items out of our house and land that did belong to her Our neighbors stated that they saw them taking it items out of the house and putting them in a box moving van. And it was revoked in May I have found out that my car and some property was sold and she... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

If you believe property was stolen, you might start with a police report. The police have resources you cannot match to deal with possible theft and its investigation.

Financial attorneys-in-fact have an obligation to provide a financial accounting, and you, with assistance from legal...
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1 Answer | Asked in Elder Law and Landlord - Tenant for Kansas on
Q: I rent my home, my 25 year-old lives w/me (he is on the lease). I want him removed from the lease. What are my options?

There are times when I'm in fear of my safety. also, my 73 year-old mother lives with me and he is verbally abusive to us both. i just would like to know what my options are?

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Kansas has a protection from abuse process "to provide quick and immediate protection." The Kansas Judicial system has created a one-stop portal website. But if you think your website viewing is being monitored or checked by the person from whom you do not feel safe, you should call 911... Read more »

1 Answer | Asked in Probate for Kansas on
Q: can a person with no legal standing contact and hire the probate lawyer?
Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property
Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who...
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1 Answer | Asked in Contracts for Kansas on
Q: Selling Kansas home. Expired mineral rights lease delaying close. Need extension. Can I ask for appraised value?

My realtor is not willing to share details on who did buyers appraisal so I could seek info, buyers have refused to let me access that knowledge from their appraiser. Frustrated but want to pursue only what is legal to learn. Before I sign extension on their closing date.

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

There is not enough information to provide meaningful guidance to you. You should consult with an attorney, sharing your agreement, communications about the delay, and possible defaults (such as failure to close).

1 Answer | Asked in Real Estate Law and Civil Rights for Kansas on
Q: My x boyfriend is wanting to get reimburse for the down payment he gave me for our house

He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.

Your "x" provided some money for the downpayment and made one mortgage payment. How much...
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1 Answer | Asked in Estate Planning for Kansas on
Q: My wife and I made out a will with a lawyer 35 years ago in Iowa. We now live in Kansas. Is it binding in Kansas?

The lawyers office has signed & notarized originals, and we still have our copies.

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 9, 2021

Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: Mother passed. No will. Verbal wishes expressed to all four children that she desired all assets to be divided equally.

Assets are bank account approx. $175k which she named 2 dtrs as co-owners. 40 acres of farmland that also names these 2 dtrs on the title. All children are in agreement to divide evenly 4 ways. All agree to hold the land at the present time. It is currently being rented by a farmer. It yields... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on May 2, 2021

Your fidelity to fulfilling your mother's wishes is admirable. She would be proud. There are some details that are undefined that could be important to the proper method of implementing your mother's wishes and you should seek the advice of an attorney and a tax advisor.

If your...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Considering placing house in trust to prevent inheritance by spouse's family.

Married in 2013. Home in Kansas was purchased later that year for approx $125k, using funds exclusively from wife. This is the residence. Currently worth approx $150k.

Wife wishes that upon her death, husband is allowed to stay in the home until no longer needed, then it is to pass on to... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on May 1, 2021

It would be possible for a husband and wife to transfer their residence to the wife as trustee under a revocable living trust established by her and naming her as the initial trustee. The trust could provide for the husband to have the right to live in the house during his lifetime. Mortgage and... Read more »

1 Answer | Asked in Land Use & Zoning for Kansas on
Q: Can the rural water do a easement to take part of your land to connect to are waterline.

They said if we do t take the offer they will condemn the property

Scott C. Stockwell
Scott C. Stockwell
answered on Apr 21, 2021

Rural water districts, like most utilities, have the power of eminent domain. K.S.A. 82a-619 (a). With apologies for the length of the following url, the link below is to an article about use of eminent domain by rural water districts in Kansas. It was written by Gary Hanson, of Stumbo Hanson LLP.... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother died and left no will. Can I legally sell her belongings to pay expenses and how do I sell her car?
Scott C. Stockwell
Scott C. Stockwell
answered on Apr 21, 2021

The options available to you depend upon the nature and amount of assets in the estate, whether a will exists, and the cooperation of all of the persons who are heirs at law or named in the will, if any. For small estates not involving real estate or intangible assets such as stocks, there is a... Read more »

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