The reason I was summoned is because I am an heir to the property owners. A loan was taken out on a piece of land in Missouri by my parents in 2008. My father has since passed away and my mother is the responsible party and she has defaulted on the loan. I want nothing to do with the property but I... Read more »
answered on Mar 23, 2023
Before you make an irreversible mistake, hire a competent KS attorney to search the title. The secured loan may be the decisive factor, but at least look into what you own and then decide whether to convey it away for nothing.
My brother passed w/o a will. I hired an attorney to get me thru probate ect. Now that everything is final and I was determined the sole heir, I want a deed in my name and they said no, the decree of descent is all I get
answered on Mar 17, 2023
Whoever determined you were the sole heir might execute an Affidavit of Heirship. Record this as your source of title.
I gave the house to my brother who passed away afterwards and he had gotten married. Then after he died his wife got married right after to someone else I am living here now. And his name is spelled wrong on the deed
answered on Mar 13, 2023
Hire a KS attorney to search the title and determine heirship. You might be an heir, thus tenant in common. If so stay there forever or sue for Partition. On the Deed, apparently it was your mistake and you cannot complain about it.
Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.
answered on Jul 24, 2022
A short answer is "no and yes."
Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the... Read more »
title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... Read more »
answered on May 23, 2022
Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.
My attorney has not been able to get my discovery and this case is 8 months old he tells me that the courts won't talk to him maby because he is from out of town. He says the only way he believes I can get the discovery is if I fill out a application for Diversion. I told him I believe the... Read more »
answered on Mar 22, 2022
It sounds like your attorney is doing his job. Either plead guilty or start preparing for Trial, and a possible appeal. It does not appear that further Discovery will help any more than what you already know.
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 »
My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »
answered on Jan 26, 2022
Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.
Or, the property can be sold by the estate while still in the estate, in which case the sale... Read more »
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 »
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... Read more »
answered on Sep 28, 2021
You will need to search the title first. Assuming you own an interest, you are probably now a tenant in common with another. Depending on what you and your attorney decide, you may need to file actions for Quiet Title, Ejectment or even a Partition. And someone will have to pay taxes, note... Read more »
answered on Sep 27, 2021
Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.
Can he sell with out my consent?
answered on Sep 15, 2021
You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.
My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... Read more »
answered on Aug 13, 2021
It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... Read more »
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... Read more »
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 »
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... Read more »
our bid was beat. SO then the real estate agent told us this was one and done going tpo be the fnal bid. AS he went back to original bidder who was rejected and he gave new offer which we then bid our best offer assuming we were the final bid as he had said. Only to receive a call that said we lost... Read more »
answered on Apr 21, 2021
The obligations of a broker to buyer and to seller may vary based upon whether they are a seller's broker, buyer's broker, or a transaction broker. The duties of the different types of brokers are summarized by the Kansas Real Estate Commission on the following website:... Read more »
We are working with a rent to own
answered on Nov 18, 2020
A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would... Read more »
answered on Nov 16, 2020
It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the... Read more »
My 2 Aunts signed their rights to my cousin for my Grandmothers land but my mother does not want that. She wants to keep the land in her Mothers name. What can we do to ensure her rights on her Mothers land and for my cousin not to own 2/3rds? Also is it legal for my cousin to own 2/3rds if my... Read more »
answered on Nov 16, 2020
The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common... Read more »
My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?
answered on Nov 5, 2020
Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.