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Kansas Questions & Answers
2 Answers | Asked in Probate for Kansas on
Q: How do I obtain an affidavit of one and the same for a deceased person?

My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Oct 8, 2020

Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the... View More

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1 Answer | Asked in Immigration Law for Kansas on
Q: Can we get married now and then apply for citizenship for him later on because it's so expensive?

My fiance is here on daca and I'm an American citizen. We would like to get married before we have our baby but didn't know if we would have to pay for his citizenship right away once we're married or if we can wait until we have the extra funds to do so.

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 7, 2020

You will need to first file an Alien Relative Petition for your husband. Once that is approved he will apply for an immigrant visa on line through the NVC and apply for an I-601A Waiver with the USCIS. Once the waiver is approved he will need to go to his home c ountry for one or two weeks to... View More

1 Answer | Asked in Probate for Kansas on
Q: Husband passed. I'm his wife and executioner of will. Sister put property that us co-owned by both in probate.

I married my husband on the 17th and he passed on the 19th. He had a will and left everything to me. Him and his sister were co-owners of property. She has put it all in probate. What can I do about this?

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly recommend you talk to a lawyer about this. There are a number of additional details that will effect the outcome. However, if he and his sister jointly owned the property where she had the rights of survivorship, those assets are likely going to be hers. She would not need to go... View More

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

My grandparents passed away a couple years ago. They had 11 children. All said and done, they all split everything 11 ways and walked away with around $100k each. My mother recently passed unexpectedly. She did not spend any of the money from my grandparents. Is that money now her spouses (my... View More

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would strongly recommend you talk to you in attorney about this. There are a number of variables that will affect the outcome. If she passed away without a Will and as a resident of Kansas, and if the assets did not have beneficiary designations on them at the time of her passing, they will pass... View More

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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: I am being evicted for not paying my rent in kansas. My hours were cut a lot so I signed the declaration thingy but stil

I'm still being evicted even the judge said. I see all over the internet no one can be evicted how am I still being evicted??

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to speak to an attorney about this. It's not as simple as "the landlord can't evict me." There are a number of nuisances to the current executive orders, and an attorney should be able to help your specific situation. Kansas Legal Services may be able to help, too.

1 Answer | Asked in Foreclosure and Real Estate Law for Kansas on
Q: home was foreclosed on and sold for more than the final balance, are we owed the excess money?

Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kansas on
Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?

I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet?... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: Had an accident at work. Turned in paperwork and the now cant find it two months later. They ask to fill paperwork again

Is not in my best interest to deny their request?

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2020

A Kansas attorney could advise best, but you await a response for four weeks. Your question may have remained open because although it's posted under Car Accidents, it looks like it has workers' comp elements to it because it took place in the course of employment. You could reach out to... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 19, 2020

Unless a will is located, the laws of intestacy would control who inherits from a deceased parent. A court proceeding would be required to complete a transfer of ownership of the real estate. If there is a spouse, the spouse receives a share of the estate (based upon the number of years married... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Do i need a lawyer to transfer my dad's name to my name? He has a home in his name. I've never owned a home before.
Scott C. Stockwell
Scott C. Stockwell
answered on Sep 18, 2020

There are several issues that could arise if your dad were to transfer his home to you. You would want to ensure that the transfer was completed correctly. If your dad is a recipient or possible future recipient of Medicaid assistance, the transfer could cause him to be ineligible for Medicaid... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: In Kansas is it possible to acquire a house "subject to" existing financing?

In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 19, 2020

Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: Needing to find out what steps are necessary to remove a person from a house deed. Brother has kids living rent free.

House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 9, 2020

If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... View More

1 Answer | Asked in Business Law for Kansas on
Q: What is the laws for using scientific data for commercial purposes? And re write it

I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 8, 2020

The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Is there a Kansas Statute that protects elders from excess medical treatment and over-treatment of medications?

Is there a Kansas Statute that protects patients from the "statute of limitation" clock when a doctor covers up his or her mistakes in order for the statute of limitations to run out?If so, could you provide some cases?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL premise, what you describe is the extension of a statute of limitations of a case based on the doctrine of discovery when concealment or other forms of fraud are involved. Since your post remains open... View More

1 Answer | Asked in Probate for Kansas on
Q: I gave a lawyer $1500 to probate my mothers estate. It’s been 2 mo and he has not filed any paperwork. Is this normal?

He refused to return my emails or phone calls. He finally called after a nasty email I sent. I want to fire him but I will probably lose $500 and two months.

Doug Coe
Doug Coe
answered on Sep 2, 2020

In Kansas, the process can take some time. That said, if two months have passed since he was supposed to file documents, and if he still hasn't after your recent phone call, you might be wise to at least touch base with another attorney. If the first one didn't do any work, you... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: Can a member of a church be sued for an accident or injury that occurs on church property

Our church is trying to determine what kinds of incorporation and insurance we need

Tyler Young
Tyler Young
answered on Sep 1, 2020

Yes. There are any number of situations where individuals and the church might have liability for an injury that occurs on church property. Cases of sexual assault are a classic example. Some churches were found labile for some sex assault cases where the churches knowingly placed predators in... View More

1 Answer | Asked in Constitutional Law for Kansas on
Q: what does it mean to “affirm with like effect”?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the passage could arise in the context of having conscientious scruples against taking an oath, but a Kansas attorney should advise on exactly what it could mean in your particular situation.... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: Do I contact his lawyer or wait as I just recently was m

My parents divorced and they still were in contact. My stepdad told my mother he was still keeping the trust for my son for after he passed away to make sure my son was supported. It's been about two weeks since he past. Am I suppose to call lawyer to find out. He lived in greece and passed in... View More

Doug Coe
Doug Coe
answered on Aug 24, 2020

Reaching out to the lawyer would be a great starting point. I'd encourage you to do that!

1 Answer | Asked in Real Estate Law for Kansas on
Q: My husband had me sign away my rights to his house when we married. I have now lived in this house with him for 18 years

Do I have any rights to the home?

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 10, 2020

It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: What is an 'Ext Std Check'? It was listed at .075

We were pulled over for drivers side break light being out. Pulled into the gas station and my boyfriend was given a sobriety test which he passed with flying colors. Then they gave him the breathalyzer and he blew a, .097, and was taken to jail. He had quit drinking hours before we left. So it was... View More

Brian Leininger
Brian Leininger
answered on Aug 3, 2020

The Intoxilyzer 9000 breath test machine has a gas canister attached to it. The gas in the canister is certified to test at .08. The external standard check is when the machine tests the gas to attempt to make sure the machine is working properly. If it tests the gas anywhere from .075 to .085... View More

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