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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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