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Questions Answered by Scott C. Stockwell
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 »

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 »

1 Answer | Asked in Real Estate Law for Kansas on
Q: a person made offer on house was rejected. We then made offer was never told what owners said instead was told we were

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 »

Scott C. Stockwell
Scott C. Stockwell 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 »

1 Answer | Asked in Probate for Kansas on
Q: Is there a probate period following death imvolving real property in kansas? And what is it?

Unsure if there was a will but the decedent was only a week buried is it even the heirs legal right to sell a house?

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

After a person passes away, an probate estate may be opened. If there is a will, it must be filed with the court within six months of the date of death and an executor will be appointed. If there is no will, an heir at law or creditor may file a petition to probate the estate for the benefit of... Read more »

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother father had a will forme and my brother to split everything 50 /50 the willwas that way 54 years mom died

And dad changed it my brother got everything I didn't even get a will copy is this legal

Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

It is unclear whether your question pertains to your mother's or father's estate. Because of that ambiguity, I would encourage you to visit with an attorney.

Your mother and father may have had a joint will. Attorneys generally discourage clients from writing joint wills because...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Why is it that a mental evaluation is required to prove that the elderly person has been conned into signing a trust?

Why is it that a mental evaluation is required in order to prove that an elderly person has been conned into adding a POD on their banking account?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 25, 2021

Kansas has statutes and case law that recognize that undue influence and manipulation of an elderly person is wrong. In some instances, it is a crime. In some instances, the court has the power to right the wrong. In both instances, the court's job is a difficult one. As all people age, their... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My fiance works and im a stay at home mother, we are buying a home. Can i be on the deed with no income?

We are working with a rent to own

Scott C. Stockwell
Scott C. Stockwell 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 »

1 Answer | Asked in Real Estate Law for Kansas on
Q: fsbo ,"as is" need to know what paperwork is needed so I will be protected from being sued in the future.
Scott C. Stockwell
Scott C. Stockwell 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 »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My Grandmother died with no will and her land went to her 3 children, we live in Kansas.

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 »

Scott C. Stockwell
Scott C. Stockwell 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 »

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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