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There are times when I'm in fear of my safety. also, my 73 year-old mother lives with me and he is verbally abusive to us both. i just would like to know what my options are?
answered on Dec 6, 2021
Kansas has a protection from abuse process "to provide quick and immediate protection." The Kansas Judicial system has created a one-stop portal website. But if you think your website viewing is being monitored or checked by the person from whom you do not feel safe, you should call 911... View More
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:... View 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... View More
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.
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).
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... View 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... View More
The lawyers office has signed & notarized originals, and we still have our copies.
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... View More
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... View More
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... View More
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... View More
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... View More
They said if we do t take the offer they will condemn the property
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.... View More
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... View More
My father and his brother are in agreement with her wishes.
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... View 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... View 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:... View More
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?
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... View More
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... View More
And dad changed it my brother got everything I didn't even get a will copy is this legal
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... View More
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?
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... View 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... View 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... View 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... View 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... View More
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... View More
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