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Questions Answered by Scott C. Stockwell
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 »

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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 fits what I... 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, personal... 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 that... 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. As... 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 transfer on death...
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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,...
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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 is no... 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 »

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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 able to... 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 could... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My grandmother passed away two months ago. She had a will but we cannot find a copy, nor can we track down the attorney

What is our next step? We have tried phone, email & every social media option to find the attorney.

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

You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... Read more »

1 Answer | Asked in Civil Litigation and Probate for Kansas on
Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account

I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state

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

The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain assets... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: In residential real estate closings in Kansas, it is not allowed to provide the seller a physical check at closing...

My mom is acting as her own agent at her house closing. On the authorization to issue funds form, she was given three options: receive a check at closing, send a check later by UPS/USPS, or get the funds wired to her bank account. She chose to receive a check at closing, only to then be told that... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on May 14, 2019

The normal course of a real estate transaction involving an escrow agent is for the deed and buyer’s funds to enter escrow (with all executed documents) and for the deed to be filed and for the escrow agent (title company, typically) to confirm that no documents have been filed since preliminary... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can an administrator of an estate make monetary decisions with out notifying the beneficiaries
Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

An administrator is subject to the oversight of a probate judge. If the estate is one of "simplified administration", there is less supervision required than under normal administration. All administrators have a fiduciary responsibility to act in the best interest of the estate, its creditors,... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Do we have to go through probate court or can we get a decree of descent?

My father passed away in the state of Ks. He had 1 checking account without a POD, a house, cars and some land. Other money accounts had PODs. He did not have a will. How do we have to handle this?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

Depending upon the size or value of the estate, the potential claims against the estate, and the agreement among the possible heirs, there are several options availiable to the heirs at law. Simplified adminstration allows for minimizing the oversight of the court and is generally available if the... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I'm going to prepare a will and have a question concerning inheritance tax on my home.

My home is paid off and my son has been living with me for over two years. On my death can I request my home be sold and profits be split between my three children. Would there be inheritance tax on the home? Would it be best to add my son to the title and if so how could I go about doing this.... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

You are planning on writing a will. A will is a document that--in Kansas at least--is given no legal effect until it is probated in a court after the person who wrote the will (the “testator”) has passed away. When you pass, and the will is filed with the court and determined to be valid, the... Read more »

1 Answer | Asked in Probate for Kansas on
Q: How can I use the Kansas simplified estates act for my mom's estate? I am an only child and she was divorced.

She has a loan on her home and car. Two bank accounts. Not worth much.

Scott C. Stockwell
Scott C. Stockwell answered on Mar 9, 2019

Simplified estates probate procedure is designed to assist people with circumstances similar to yours. One or several heir(s)/beneficiary(ies)/legatee(s)/devisee(s) whose interests and relationships are in alignment; fixed assets (as opposed to an ongoing business), the amount of assets, the... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Me and my brother are in probate because our father died..I recently just signed a consent and waiver now what?

I notice final settlement was filed...so what are we waiting on now?...and do I need to worry about if I owe the state money...I'm a heir

Scott C. Stockwell
Scott C. Stockwell answered on Jan 24, 2019

There are several different procedures under which the probate proceeding could have been filed. You indicate you recently signed a consent and waiver and that a final settlement was filed. Any person who has an interest in the estate should keep informed about the progress the probate proceeding.... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Kansas on
Q: If there is a lien on a house, can we keep adding joint tenants, generation after generation to pass on the home?

I understand that a joint tenancy postpones the selling of a home to satisfy a lien. If I am a joint tenant on my mom's home, then she dies, the home passes on to me, the house cannot be taken and sold to satisfy the lien. Then I add my son on as a joint tenant and when I die, also, the house... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Dec 27, 2018

It is not unusual for a mortgage and/or a promissory note to have a provision that accelerates the debt obligation upon the transfer of an interest in the property to another person. To answer your question, you would want to know the specifics of the promissory note and mortgage in question. As... Read more »

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