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4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
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answered on Jun 9, 2022

Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.

When you ask if you need to "trademark" your brand name and logo, what you are really...
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1 Answer | Asked in Employment Law for Kansas on
Q: Should I recieve my salary while not working for 6 to 8 weeks due to sickness. I am a salary exempt employee.

I have had open heart surgery which has me out of work for 6 to 8 weeks. I have completed FMLA forms. Being a salary exempt employee should I continue to recieve my salary and benefits. I have exhausted all personal time, vacation and sick leave as well. Employer is trying to treat me as an hourly... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

1 Answer | Asked in Bankruptcy for Kansas on
Q: I'm in a chapter 13 BK. I want to sell my home to pay it off. Can a Trustee stop this, if so why?

I have been made an offer on my home, enough to pay off the mortgage and other BK expenses.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 31, 2022

To sell your primary asset, you will need to amend your Plan. Post-confirmation modifications are permitted, but proposed modified plans are subject to objections to discharge. The Trustee may object, but that would depend upon the details of your modified plan. If the Trustee, or any creditor,... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Kansas on
Q: I was pulled over for speeding and ended up with possession of controlled substance. Can the evidence be suppressed.

The officer never addressed the initial reason for the traffic stop. I believe he was on a "fishing expedition "and went beyond the scope of the initial reason for the stop. He questioned me in his car until I felt I had no choice, but to consent because of the things that were said. He... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

You should immediately hire a criminal defense attorney licensed in the State of Missouri to investigate your search and seizure issues as well as build your defense to the criminal charges. Good luck.

1 Answer | Asked in Estate Planning for Kansas on
Q: I have taken care of this man for 3 years & I rent one of his houses. He went & signed a notorized affadavit stating I

Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.

Nina Whitehurst
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answered on May 29, 2022

I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: I have question on how to interpret a police report for a car accident
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

Your post does not ask the question you are seeking an answer----my suggestion is that you contact an accident/injury lawyer and meet with him to discuss your questions. Most accident/injury lawyers do not charge for an initial consult---I am know my firm does not----so take them up on it and meet... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a home that belong to my grandparents who died I've been living in a home for over 15 years and now I need to a

title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... View More

Anthony M. Avery
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answered on May 23, 2022

Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.

1 Answer | Asked in Immigration Law for Kansas on
Q: Is there way to change k1 visa to marrge visa in middle of it?

I been work on k1 visa start back in Aug of 2020. After been put on hold and month of wait. We have decide to get marry this Aug 2022. Which I think well void the K-1 visa if I get marry out of usa even if it approve. We have only got to step 3. Is there any step I can take so I don't have to... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 18, 2022

That seems unwise, but it depends upon your situation and relationship.

If you get married, then you will 'significantly delay processing' and be separated even longer. It is best for your fiance to come into the U.S. as a K1 fiance, so that you can both get to know each other...
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1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: How much it cost to get an idea in auto mobile field and also for a mobile app idea.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

A patent typically costs about $20k to $40K

1 Answer | Asked in Estate Planning for Kansas on
Q: How do I get conservatorship of my adult daughter to fix black mold issue in her house

Black mold is under the shower base and she can not go downstairs in her own house because it is hazardous. Conservatorship refuses to clean up the mold issue and leak.

Nina Whitehurst
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answered on Apr 6, 2022

Call the health department and report the situation. They might have the clout to force a clean up.

Be careful what you ask for, though. Can your daughter afford the cost of clean up? Maybe she would be better off selling to someone who can afford clean up and move to a better...
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1 Answer | Asked in Estate Planning for Kansas on
Q: My mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me they

My Mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me that the facility can get the funds from the trust, if I'm understanding her correctly. Is this true?

Nina Whitehurst
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answered on Mar 29, 2022

It is not possible for any attorney in this forum to answer your question without reviewing the trust and how your mother's assets are titled.

1 Answer | Asked in Car Accidents for Kansas on
Q: I had a car accident because the road is poorly designed. It happened in Kansas city, MO. can I sue city?

within how many days should I file a claim against city or whatever agent designed or built the road?

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. Technically, it's possible you could, if you could prove to a jury or judge that a road is poorly designed and that you sustained injuries as a result of that poor design. That could be more difficult than it... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Constitutional Law for Kansas on
Q: When charged in Kansas and elements of the statue are missing from what happened

My attorney has not been able to get my discovery and this case is 8 months old he tells me that the courts won't talk to him maby because he is from out of town. He says the only way he believes I can get the discovery is if I fill out a application for Diversion. I told him I believe the... View More

Anthony M. Avery
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answered on Mar 22, 2022

It sounds like your attorney is doing his job. Either plead guilty or start preparing for Trial, and a possible appeal. It does not appear that further Discovery will help any more than what you already know.

1 Answer | Asked in Estate Planning for Kansas on
Q: How should we title our cars with husband's & wife's name: with OR or AND?

Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

From the Kansas Department of Revenue Motor Vehicles Department website:

In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:...
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1 Answer | Asked in Personal Injury for Kansas on
Q: I need a Overland Park/Kansas City Area personal Injury Attorney that practices in Kansas & Arkansas.
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2022

An attorney in the jurisdictions you mention would be able to advise best, but your question remains open for a week. Until you reach out to attorneys in the applicable jurisdiction for meaningful guidance, as a general note, a single jurisdiction of admission is generally enough for most personal... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: 2 lights at intersection, looked at wrong one, ran red light causing crash no fatalities court date, should i get lawyer

I got citation with mandatory court appearance. The lights were close to each other, so I looked at the one for across traffic, I crashed into another car, minor damage. I was not speeding, it was my first time driving in that area so I got really confused at the intersection. should I get a lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. If you haven't already done so at this point, you could reach out to local attorneys to discuss the citation. In terms of potential claims from other vehicles, your insurance company should assign an attorney... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: I got pulled over for traffic violation searched my car found drugs I was arrested cause I locked keys in my car the

And they said they were searching it anyways is that legal

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

There's not really enough information to give you any real advice. However generally a traffic stop by itself does not allow an officer to search your vehicle unless he sees, hears, smells something that rises to probable cause. If you had something in plain view, that's enough. Otherwise... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?

Who does she present it to, and how does she present it? Her mother passed away 15 December 2021, and she is trying to figure this all out. She has a check from her mom's original checking account, made out to her mom's Irrevocable Family Trust, and she needs to open an account under... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with... View More

2 Answers | Asked in Divorce, Immigration Law and Tax Law for Kansas on
Q: Am I legally allowed to give up my green card in the middle of a divorce?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 28, 2022

You need to speak to a lawyer ASAP. You would need to put more details to explain more clearly however, IF you already have your green card and you are getting a divorce there is no law that says you have to "give it up" as you say.

IF you are in the process of getting the green...
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1 Answer | Asked in Immigration Law for Kansas on
Q: If i just recently passed my citizenship interview can I travel outside of the US with my residency card?
Agnes Jury
Agnes Jury
answered on Feb 26, 2022

Yes. You are not a citizen until you take the Oath. So as long as you still have your residency card you can travel subject to the usual requirements of re-admission to the US. Best wishes!

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