Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Scott C. Stockwell
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 »

View More Answers

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 »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a Deed which states:

General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...

What is the ownership... Read more »

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

There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 17, 2020

In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person... Read more »

View More Answers

2 Answers | Asked in Probate for Kansas on
Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?

There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 4, 2020

If no estate has been opened, a determination of descent proceeding may be initiated after six months have passed from the date of death. A determination of descent proceeding starts with a petition, requires notice to all heirs and notice to the general public by publication, a hearing, and will... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

My father died 3 years ago and we just recently found out that only his name was on the deed to my parents house (he inherited it back in the early 80s) My mother had early dementia and I guess there were some things she didnt take care of after his death. The only "estate" he left was... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Feb 28, 2020

There are several procedures that might apply to a situation in which a decedent leaves a spouse and one or more (presumably) adult children.

1. Refusal to grant letters sidesteps formal probate in the event that the size of the estate is less than the spousal allowance. The real estate...
Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: If you sign a contract to sell a house as poa and a week later you’re loved one passes away can you continue with sell?
Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2020

The question appears to indicate that an attorney in fact under a power of attorney signed an agreement to sell a house owned by the principal. The sale was not completed before the passing of the principal. For the most part, a power of attorney is not effective after the death of the principal.... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I am sole owner of a house in Kansas that I wish to sell. What are my options if my spouse refuses to sign at closing?

An offer has been made and accepted by me.

Scott C. Stockwell
Scott C. Stockwell answered on Sep 30, 2019

The Kansas Constitution provides that, "A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, togeth er with all the improvements on the same...shall not be... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: How do I obtain a copy of someones will? I have been to the courthouse and they say they do not have one on file.
Scott C. Stockwell
Scott C. Stockwell answered on Sep 9, 2019

After a Kansas resident passes away, any will known to exist is to be filed with the court and probate proceedings initiated within six months. K.S.A. 59-617. Probate is essential to give effect to the will. K.S.A. 59-616. The person(s) with access to the will have an affirmative obligation to... Read more »

View More Answers

1 Answer | Asked in Business Law for Kansas on
Q: I own a welding shop in KS. Made repairs to a horse trailer, wasn't paid. How can I sell the trailer to pay for the bill

I have possession of the trailer. Owner paid part of the bill but has not made any contact for over 9 months. The Horse trailer is registered in Oklahoma but owner lives in Kansas. Was told can't do Mechanic Lien since I an a welding shop, not a mechanic. I don't know if a Quiet Title... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Aug 19, 2019

Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods,... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: If you are doing business only as an LLC, does it make sense to have E&O for yourself as an individual?

I do contract computer programming and (since 2018) do this as a single member LLC. I am careful to do business only as the LLC.

When I renewed my E&O insurance last year I switched to the name of the LLC. Late in the process I asked if this would also cover me personally, in the event... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Aug 19, 2019

Your question is about the extent of coverage of an E&O insurance policy. The extent of the coverage would be affected by the specific terms of the insurance policy. Rather than rely upon a blanket statement, you may want to have an attorney review your specific policy to answer the question.... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Is a TOD on property still good if one of my siblings passed before our mother or do we go by her Will?

My mother filed a TOD on her property after my father passed in 1990. One of my siblings passed away 10 years ago this September. The title company that filed the TOD did not put anything in it about rights of survivorship when they did the TOD for my mother. She had her Will updated after my... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2019

Your mother prepared and filed a transfer on death (TOD) deed after your father passed in 1990. In or about 2009, your sibling (implied to be a beneficiary of TOD deed), passed away. After your sibling's passing, your mother wrote an updated "will" that was notarized.

A...
Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can a wife recoup funeral costs from her husband’s probated estate?

Husband died intestate, and owned property outside of the marriage. His estate went into probate. The wife paid for the funeral, but then just filed a claim against the estate to be reimbursed. Is that legal?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 17, 2019

In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.

The spouse also has rights to request a share of the estate under different statutes, including spousal allowance,...
Read more »

1 Answer | Asked in Probate for Kansas on
Q: I was warded Guardianship/Conservatory for my 89 year old grandmother who recently passed away on May 3rd 2019.

I had done a quit claim deed prior to her passing on her house she owned. I am now trying to sell the home and Title company says I need Permission from the court to sell. Can I do an small estate affidavit less than $40,000 for the title of her home?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 17, 2019

A small estates affidavit is for certain items of tangible and intangible personal property. A house and the land it occupies would be real property. The appointment of an administrator (no will) or executor (will) is necessary to effectuate a transfer of a decedent's real property. If there... Read more »

2 Answers | Asked in Business Law for Kansas on
Q: If I did work on someone who is renovating houses then selling them can I file a lawsuit if they don't want to pay me?

The lawsuit would be more than 5,000. Or maybe some kind of lien on the house so he doesn't sell it before he pays me.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 25, 2019

If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a... Read more »

View More Answers

1 Answer | Asked in Contracts for Kansas on
Q: Does new ownership of an asst living facility have to honor prepaid rent?

My mother lives in an assisted living facility and is paid through the end of the year. A new corporation just purchased the facility and they are saying they have no record of the payments. Obviously we have proof of payment but they say we have to go after the old company for a refund and we... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jun 10, 2019

Assisted living facilities are regulated in the state of Kansas. https://www.kdads.ks.gov/docs/default-source/General-Provider-Pages/provider-statutes-and-regulations/ksa-and-kar-for-adult-care-homes/assisted-living---residential-health-care-facilities.pdf?sfvrsn=9c9706ee_2 . One of the first... Read more »

1 Answer | Asked in Consumer Law and Land Use & Zoning for Kansas on
Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... Read more »

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on
Q: Can a single member LLC have a board of directors? if so does the state have to be notified?
Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC... 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.