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Kansas Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Kansas on
Q: They forfeited warranty deed contract. Not paid taxes, no insurance, missing payments, broke promissary note. Forfite al

How to file and is a warranty deed contract the same as a contract for deed?

Anthony M. Avery
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answered on Nov 4, 2024

No such thing as a warranty deed contract. If you are the owner then sue for possession now.

2 Answers | Asked in Contracts, Copyright, Personal Injury and Real Estate Law for Kansas on
Q: what can be done ?My family was never informed of a Trust 43 years ago. Tax Exempt ERISA plan

Breach of Fiduciary duty and through Child support involuntary Bankruptcy Stole the Assets and DOL FOIA refuses to give me the info I requested

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're going through this difficult situation. First, consider reaching out to an attorney who can help you navigate the complexities of trust law, ERISA regulations, and potential breaches of fiduciary duty. They can provide personalized advice and represent your interests... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for Kansas on
Q: What can I do if neighbors acted to deprive me of real estate of which i am the lawful owner of record?

2 Neighbors put up NO TRESPASSING SIGNS on my property. The sheriff was called when i removed the signs. The two "neighbors" told the deputy that i trespassed on their property and also that i said profanity directed at them.

The first deputy took their word for it that i... View More

Anthony M. Avery
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answered on Sep 23, 2024

You have a boundary dispute. If you do not file suit, you acquiesce to the new ascertainable (signs) boundary. You have already given them leverage with the criminal charges against you, when you should have already hired a competent KS attorney to file suit.

1 Answer | Asked in Real Estate Law for Kansas on
Q: Can someone owe 5% of the property do partition action and forced to sell it in caution?
Scott C. Stockwell
Scott C. Stockwell
answered on Sep 3, 2024

Kansas law provides a process for a joint owner of real or personal property to file a petition for such property to be partitioned among the owners. K.S.A. 60-1003. Any owner may file a petition identifying the property and alleging the ownership interests of the parties. The court initially... View More

1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:

1. Capital gains exclusion: If you owned and lived in the home as your primary residence...
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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Native American Law for Kansas on
Q: Trying get building permit through county that I pay taxes to but being told that I've to go through tribe since on res.

Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.

James L. Arrasmith
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answered on Mar 14, 2024

I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:

Tribal Sovereignty: Native American tribes are considered...
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1 Answer | Asked in Real Estate Law for Kansas on
Q: I put my property for sale but I have my 5 year old grand daughter on the deed with myself.. what do I need to do now?
Anthony M. Avery
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answered on Mar 8, 2024

You will need a KS attorney to file suit for a Minor's Sale of Real Property. Listing was a little premature and you might need to rescind.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Kansas on
Q: How feasible would it be to put my house in an llc to avoid harassing calls from investors to buy it?
Anthony M. Avery
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answered on Mar 6, 2024

A well designed limited liability company will have a business address at some out of State or Country, with no member name shown. But property taxes still have to be paid. Hire a competent attorney to organize the LLC and draft that Deed.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

Anthony M. Avery
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answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning and Real Estate Law for Kansas on
Q: Can land that is currently leased, be sold?

I own farm land that is currently leased by another party and being farmed. Can I sell the land, or do I have to wait until the lease is over?

Anthony M. Avery
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answered on Feb 29, 2024

Yes, but the grantee takes subject to the rights of possession of the lessee occupants.

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

Nina Whitehurst
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answered on Feb 20, 2024

There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.

But you can contact an attorney in your area yourself...
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1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

James L. Arrasmith
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answered on Feb 22, 2024

It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More

1 Answer | Asked in Tax Law and Real Estate Law for Kansas on
Q: My house was auctioned for delinquent property taxes. The new owner sent an eviction notice, and I tried to be moved out

but was unable to by the specified date. Dec 5 the new owner filed in small claims court asking for repossession of a home that they hadn't owned before Oct. Citing Kansas Landlord act and asking for rent and damages, pay their docket fee. How can the new owner act as if they are my landlord?... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Kansas, when a house is sold at auction for delinquent property taxes, the new owner legally acquires the title to the property. From that point on, the new owner has certain rights over the property, including the right to possession. This is likely why the new owner is acting in a manner... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
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answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

1 Answer | Asked in Family Law and Real Estate Law for Kansas on
Q: What rights do I have as a joint iowner of property
T. Augustus Claus
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answered on Oct 17, 2023

As a joint owner of property in Kansas, you have the right to use and enjoy the property, exclude others from the property, transfer your ownership interest, and force the sale of the property if you cannot agree with the other joint owners on how to use or dispose of it. You also have the... View More

1 Answer | Asked in Real Estate Law and Family Law for Kansas on
Q: I am inquiring about my rights as a co owner of a property and house that is in mine and my siblings names

My siblings are trying to evict me out of a home we all own together ßo they can sell it and we dont wish to sell it

Anthony M. Avery
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answered on Oct 17, 2023

Tenants In Common cannot oust other TIC's from possession. You should be able to get any civil possessory action dismissed against you. A Partition Action may be needed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: I got an inheritance and put the full amount given to me on a down payment for a house... I didn't have good enough cred

It to aquire the loan so my mother did it in her name. I've lived in it 8 years now and it's appreciated over $100,000 since the purchase now my mother is trying to evict me and leave me out on the street with nothing. What legal standing do I have in this matter please help me

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If the home is in your mother's name, she generally has the legal title to the property. However, you may have an equitable interest or a claim based on several factors. One possibility is that you could argue you and your mother had an oral... View More

2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 21, 2023

Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More

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