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Questions Answered by Scott C. Stockwell

1 Answer | Asked in Probate for Kansas on

Q: How long to probate a will in kansas

Scott C. Stockwell answered on May 7, 2018

Kansas law provides that a will must be submitted to the court within six months of the date of death. If a party withholds the will from the court, that party may not receive under the terms of the will more than that party would receive under the laws of intestacy. If a will is discovered, an... Read more »

1 Answer | Asked in Landlord - Tenant for Kansas on

Q: How much time do I need to give tenets to up the rent?

My renters never pay on time, and I have to pay every month on a loan for that house. I fix every problem quickly when it is brought to my attention. They won't sign a contract either. What can I do to get them out or raise the rent do to them always being late.

Scott C. Stockwell answered on Apr 28, 2018

If the lease is a month-to-month, a landlord may provide notice at least one month prior to a rent-paying date that the lease is going to terminate at the end of the following month. In a separate written communication, a landlord could communicate an offer to enter into a written lease at a higher... Read more »

1 Answer | Asked in Foreclosure for Kansas on

Q: Can I sell my house after it went through a foreclosure auction?

Scott C. Stockwell answered on Apr 28, 2018

After a foreclosure auction of a personal residence occurs, the prior owner has a certain period of time to "redeem" the house. The right of redemption typically is three months long, unless more than one-third of the indebtedness had been previously paid, in which event the period of redemption... Read more »

1 Answer | Asked in Real Estate Law for Kansas on

Q: My parents sold a piece of property using a quitclaim deed and buyer has not paid.

My parents sold a piece of property using a quitclaim deed and the buyer convinced them that they would receive the funds the following day. The deed was recorded by the title company and the buyers have not paid the seller any funds to date. It has been about 45 days since the deed was recorded.... Read more »

Scott C. Stockwell answered on Apr 24, 2018

Your parents should consult with an attorney as soon as possible. There are reasons why a small claims case might not be the optimal course of litigation. There are some unanswered questions that would be better discussed in a confidential communication with an attorney.

1 Answer | Asked in Estate Planning and Probate for Kansas on

Q: Husband died 6 years ago, Will filed, no probate, everything was joint. Now, found a stock certificate, in his name only

How do I get the stock into my name?

Scott C. Stockwell answered on Apr 24, 2018

There is a process that allows for use of an affidavit for the heirs at law or beneficiaries of a will to transfer the assets directly to them if the value of the estate is under a certain amount. K.S.A. 59-1507b provides that if the total assets of the decedent subject to probate do not exceed... Read more »

1 Answer | Asked in Real Estate Law and Probate for Kansas on

Q: I moved I to an abandoned property 7 years ago took 6 months of labor and money. Never paid rent. Do I have rigjts

Actual owner didn't know I lived there til a few years ago. Now it in probate. I'm in Kansas. Help I don't want to leave

Scott C. Stockwell answered on Apr 24, 2018

Adverse possession is recognized as a way to become an owner of a property. The person occupying the property must do so in a hostile, actual, exclusive, open and notorious way for a continuous period of fifteen years. K.S.A. 60-503. A person with a superior interest in the property may file an... Read more »

1 Answer | Asked in Real Estate Law for Kansas on

Q: In Kansas does a lawyer need to be present or involved in the closing process of purchasing a home?

Is there a specific legislature that allows realtors to preform all of the tasks of closing a real estate sale without a lawyer present?

Scott C. Stockwell answered on Apr 23, 2018

There is not a legal requirement that an attorney be present during a closing process of purchasing a home. The challenge, however, is that realtor cannot and should not provide legal advice. Issues may arise during closing for which legal advice is needed.

Whether a seller or a...
Read more »

1 Answer | Asked in Estate Planning for Kansas on

Q: What happens with a trust when all the trustees are deceased?

Scott C. Stockwell answered on Apr 23, 2018

Sometimes a trust document provides a process for the identification or appointment of successor trustees who are not called out in the trust document. Alternatively, a court proceeding may be initiated by someone having an interest in the estate to ask the court to make determinations in... Read more »

1 Answer | Asked in Real Estate Law for Kansas on

Q: Does an abandoned child have any rights to the absent parents estate after death?

My niece was orphaned by her mother and abandoned by her father. Her father is remarried with a step child. Wondering if she, as now an adult, has rights to any of his estate when he dies? Dad left her at age 7, mother died at age 16. I raised her until able to be on her own. She has fetal alcohol... Read more »

Scott C. Stockwell answered on Apr 23, 2018

If a valid will exists, the interests of children, as heirs at law, may be superseded. If a valid will does not exist, an heir at law continues to be an heir and may have an interest in the estate, despite having been abandoned. If the father were he to marry again, the new spouse would have... Read more »

1 Answer | Asked in Estate Planning for Missouri on

Q: Trustee violating fiduciary duties and bene wants the state to get involved. Who should the bene contact at state level?

Family estate in Missouri under 2 Trusts.

Trustee is also a beneficiary.

3 additional beneficiaries, all parties are adults.

2+ years of questionable fiduciary actions by trustee.

Trustee refuses to address documented concerns.

Trustee is using trust monies... Read more »

Scott C. Stockwell answered on Mar 9, 2018

This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.

1 Answer | Asked in Contracts and Employment Law for Kansas on

Q: I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit

I owe them the money it cost to train me. Are they allowed to withhold my paycheck?

Scott C. Stockwell answered on Mar 7, 2018

Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your "availability" fit one... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Kansas on

Q: Does my brother have to surrender the house he has lived in for the last 8 years taking care of his mother in home

he has been the sole caretaker and this has been his home. If he must surrender this, he will be homeless. His name was placed on the deed 20 years ago

Scott C. Stockwell answered on Mar 7, 2018

Your brother should consult with an attorney regarding the Medicaid eligibility issues that may relate to the situation. A home of a Medicaid recipient may be transferred to an adult child who has lived with the Medicaid applicant for the two years prior to going into the nursing home and the... Read more »

1 Answer | Asked in Uncategorized for Kansas on

Q: I let a man in need borrow my car. He now won’t return it or answer my calls. How can I get it back?

Scott C. Stockwell answered on Mar 2, 2018

You should consult with an attorney to determine the best course of action. It could be appropriate to file a police report at some point. There is also a civil lawsuit action called where a person who has been dispossessed of their property may ask the court to restore the property to the owner's... Read more »

1 Answer | Asked in Foreclosure for Kansas on

Q: Should I get an attorney to help me with my modification beings I'm forced to deal with Bayview Loan services

This is my second modification with them and it's almost been a year since it started the first one I completed paid payments on time but neglected to get the paperwork the final paperwork back to them and they're 14 days so they made me start all over again and they're still dragging their feet

Scott C. Stockwell answered on Mar 2, 2018

To be succinct, yes.

1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for Kansas on

Q: Mother wants to sell a cell tower??

My mother has rights to land that her deceased spouse gave her upon his death. On one piece of land, there is a cell tower that she wants to sell. To complicate matters, the land that the cell tower is on has been willed by her deceased spouse to his nephew when my mother dies. Can she sell the... Read more »

Scott C. Stockwell answered on Mar 2, 2018

If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of... Read more »

1 Answer | Asked in Probate for Kansas on

Q: Kansas probate law. A friend of mine is the beneficiary of her late husbands estate. The estate owns part of a business,

In which she gets a monthly check for. The checks started getting smaller a couple of years ago, and now she found out that the business actually sold over a year ago, and she was never informed, and her late husbands estate in which she’s the beneficiary of never got paid for the sale. The... Read more »

Scott C. Stockwell answered on Mar 2, 2018

Your friend needs to seek the advice of an attorney immediately. The issues touched upon in your question are much too difficult to address in a question and answer setting. There may be time-sensitive issues that must be address quickly or your friend may lose some potential remedies available to... Read more »

1 Answer | Asked in Contracts, Family Law and Tax Law for Kansas on

Q: I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal tax

I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal taxes from my paychecks, so I am not being hit with their W2 form and a $600-$1500 fee to the IRS because they did not withhold those federal income taxes. Aside from this, I am now... Read more »

Scott C. Stockwell answered on Feb 26, 2018

A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time and a... Read more »

1 Answer | Asked in Probate for Kansas on

Q: In the state of Kansas, do the probate courts allow you to use your own appraiser for real estate or do they assign one

Scott C. Stockwell answered on Feb 26, 2018

If the executor or administrator proposes to sell real estate, he or she may file a petition to sell the real estate. K.S.A. 59-2303. The petition may include the name of a proposed purchaser and suggest appraisers, which appraisers may be approved by the court, or the court could direct different... Read more »

1 Answer | Asked in Probate for Kansas on

Q: In Kansas how long can a probate case be opened.

Scott C. Stockwell answered on Feb 23, 2018

Normally, a probate case should be completed within about nine months. If there are legitimate needs, the court may extend the authority of the executor or administrator, but that should be formalized with a petition for additional time and an order authorizing it. There is not an absolute limit as... Read more »

1 Answer | Asked in Probate for Kansas on

Q: My step father passed away and his biological son's don't want to file probate,

Can I ask the them to fully disclaim all rights, titles, benefits and other interests in the real property sign over to me? so I can take care of the estate

Scott C. Stockwell answered on Feb 23, 2018

People who have an interest in an estate may enter into a valid settlement agreement. "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and... Read more »

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