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Questions Answered by Scott C. Stockwell
1 Answer | Asked in Real Estate Law for Kansas on
Q: Wondering if a contract for deed needs to be recorded? Thx
Scott C. Stockwell
Scott C. Stockwell answered on Oct 26, 2020

Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is... Read more »

2 Answers | Asked in Probate for Kansas on
Q: My father passed two years ago. My sisters have not sold his house and I am entitled to 1/3. 1 sister lives in it.

The trustee (other sister) expects me to pay 1/3 of taxes, insurance and repairs out of my share. How do I get the house sold and make sure I don’t pay for the sister to live rent free at my expense??

Scott C. Stockwell
Scott C. Stockwell answered on Oct 23, 2020

Your question refers to one of your sisters as the "trustee." If the property is being held in trust for the benefit of you and one or more siblings, then the provisions of the trust would be the starting point in terms of determining whether the property could be sold, whether you could... Read more »

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?

Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $

Scott C. Stockwell
Scott C. Stockwell answered on Oct 14, 2020

Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.

A will controls the...
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1 Answer | Asked in Estate Planning for Kansas on
Q: I have a notarized trust document, in my name, but never filed. A legal description of my house is part of the doc.

I want to file the trust. What do I need to do to get it done.

Scott C. Stockwell
Scott C. Stockwell answered on Oct 14, 2020

If you are referring to a revocable living trust, the trust document itself is not typically filed with the Register of Deeds. The trust also does is not normally filed with the court as well.

If your house is to be transferred to you as a trustee of the trust, such a transfer would be...
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2 Answers | Asked in Probate for Kansas on
Q: How do I obtain an affidavit of one and the same for a deceased person?

My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Oct 8, 2020

Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

My grandparents passed away a couple years ago. They had 11 children. All said and done, they all split everything 11 ways and walked away with around $100k each. My mother recently passed unexpectedly. She did not spend any of the money from my grandparents. Is that money now her spouses (my... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Oct 5, 2020

The assets in an estate in which there is no will are distributed in accordance with the laws of intestacy and spousal rights. You should seek the assistance of counsel to determine the best steps to address our possible interest in the estate. The relative interests of a step-parent and the... Read more »

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1 Answer | Asked in Real Estate Law for Kansas on
Q: In Kansas is it possible to acquire a house "subject to" existing financing?

In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?

Scott C. Stockwell
Scott C. Stockwell answered on Sep 19, 2020

Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

Scott C. Stockwell
Scott C. Stockwell answered on Sep 19, 2020

Unless a will is located, the laws of intestacy would control who inherits from a deceased parent. A court proceeding would be required to complete a transfer of ownership of the real estate. If there is a spouse, the spouse receives a share of the estate (based upon the number of years married... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Do i need a lawyer to transfer my dad's name to my name? He has a home in his name. I've never owned a home before.
Scott C. Stockwell
Scott C. Stockwell answered on Sep 18, 2020

There are several issues that could arise if your dad were to transfer his home to you. You would want to ensure that the transfer was completed correctly. If your dad is a recipient or possible future recipient of Medicaid assistance, the transfer could cause him to be ineligible for Medicaid... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: Needing to find out what steps are necessary to remove a person from a house deed. Brother has kids living rent free.

House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate

Scott C. Stockwell
Scott C. Stockwell answered on Sep 9, 2020

If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: What is the laws for using scientific data for commercial purposes? And re write it

I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Sep 8, 2020

The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My husband had me sign away my rights to his house when we married. I have now lived in this house with him for 18 years

Do I have any rights to the home?

Scott C. Stockwell
Scott C. Stockwell answered on Aug 10, 2020

It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Am I Legally bound to pay the invoice received from County for emergency services used by my Father in law?

My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 26, 2020

It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... Read more »

1 Answer | Asked in Family Law for Kansas on
Q: How can I get legal aid for my mother while she's. still in hospital since July 2 to handle her financial affairs???

I want handle my mother's financial affairs like paying rent & utilities

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g.,... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My husband and his friend are selling a rental property. They had this property since 2001. We got married Oct 2018.

Title company wants my signature as well. We live in Kansas. Am I required to sign even though I never had anything to do with the property?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: 5 1/2 arm will adjust August 1, 2020. 6 month libor, 1st day- WSJ + 2.25 margin, 1% cap. What is new rate?

Mortgage company says new rate will be 3.125, but 6-month libor has been under .5 for several months. Am I correct and if so what can I do about this? My rate adjusts every 6 months.

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

The adjustable rate should be ascertainable using the formula stated in the promissory note. The current 6-month LIBOR rate appears to be under 0.34%.

Some typical determinants of an adjustable-rate mortgage calculation are: (1) the specific date from which the 6-month LIBOR is drawn; (B)...
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1 Answer | Asked in Estate Planning for Kansas on
Q: My brother died in February & left behind no estate and no will; can I ignore any collection agency letters?
Scott C. Stockwell
Scott C. Stockwell answered on Jun 5, 2020

In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: My Mother was a resident of Wichita, Kansas but passed away in Oklahoma. Would I need to create the estate in KS or OK

She left no living will, she had no bank account, she left me as the beneficiary of her insurance. She did not get to finish the rest of preparing.

Scott C. Stockwell
Scott C. Stockwell answered on May 19, 2020

The place of residence would typically be the location where an estate would be probated if it were necessary to do so. The probate court has jurisdiction--or control--over assets that are located there. So if a person resides in Kansas and owns real estate in Kansas or their personal property in... Read more »

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1 Answer | Asked in Real Estate Law and Banking for Kansas on
Q: 2 people getting a loan, 1 owns land used for collateral Do both people need to be on deed of property?

The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Does wife sign contract to sell home or just husband
Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... Read more »

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