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Kansas Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: Our business was destroyed in the Leeds Plant fire on Tuesday. What kind of attorney do we need? Please help?
Tim Akpinar
Tim Akpinar answered on Jul 31, 2021

A Kansas attorney could advise best, but your post remains open for three weeks. If you had insurance coverage on your operations and are dealing with issues such as lost or damaged equipment, inventory, etc., you probably want an attorney familiar with property & casualty insurance losses.... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... Read more »

2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 16, 2021

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a...
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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 Personal Injury, Products Liability, Government Contracts and Military Law for Kansas on
Q: Yes I have a question about my case Kolbek v. 3m company. Case number 7:2021cv9491. Filed March 5th 2021 the judges nam

M. Casey Rogers in result of the 3 M earplugs lawsuit personal injury. Product liability. So I have not heard a word on this issue and my tinnitus is getting worse with partial hearing loss.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. I'm sorry for the suffering you're experiencing. If you're represented by counsel here, they would be in the best position to answer. Without knowing the particulars of your case, a general feature of many... Read more »

1 Answer | Asked in Constitutional Law, Libel & Slander and Personal Injury for Kansas on
Q: How do I file a motion for abduction prevention act
Tim Akpinar
Tim Akpinar answered on Jun 27, 2021

A Kansas attorney could advise best, but your question remains open for two weeks. At this point, it could be worth considering reaching out to Kansas attorneys to discuss. The format here is basic, general questions. When it comes to filing motions and other more complex elements of actual... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... Read more »

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 Copyright for Kansas on
Q: Is 'pusheen' emoticon available for Fair use?
Michael Zamzow
Michael Zamzow answered on May 28, 2021

That emoticon, like most emoticons, is likely licensed to the users of apps that allow users to post that emoticon. It is probably not available for commercial use, but the license might extend to other uses, contact an intellectual property lawyer in Kansas City, MO to discuss the ins-and-outs.

1 Answer | Asked in Estate Planning for Kansas on
Q: GM passed 4/4, listing and contract on home signed 3/26 & 4/4 prior to her death. Bank is trust. Was house in trust?

My uncle and I were my grandmother's financial and medical DPOA's. We had to place her in nursing facility on 3.25.21 and her home was then listed for sale on 3.26.21 to pay expenses. My uncle signed the listing agreement on her behalf on that date and a contract was placed for the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 26, 2021

Your question is highly fact-specific, not a general question that can be answered with a general answer. You need a personal consultation with an attorney who can review all of the facts and give you personalized advice.

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 »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father is executor of my grandmothers estate she verbally left the house to me. What is the next step? In Kansas

My father and his brother are in agreement with her wishes.

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

If you, your father, and brother represent all of the persons with a possible interest in your grandmother's estate, the three of you may enter into a valid settlement agreement that controls the ownership of property in the estate. There are several steps that you would have to follow to... Read more »

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