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Kansas Questions & Answers
1 Answer | Asked in Car Accidents for Kansas on
Q: I was hit by a drunk driver , she was taken to jail , my car is totaled , I'm left paying for Ubers what should I do.

Her insurance company is stalling I had very minor injuries, I've recently just put a transmission in my car and now it's completely destroyed, I need help badly , this is affecting my mental health and job stability and severely out of pocket ubers

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Kansas attorney could advise best, but your question remains open for a week. There is no direct "quick fix" answer to your question of what you should do that would fit in a Q & A forum response. The short answer is that you should consider setting up a free initial consult with a... View More

2 Answers | Asked in Probate for Kansas on
Q: My dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?

There's bank accounts and a CD to be split but not done he hasn't shown. Me any paperwork at all.

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 3, 2024

You should consult with an attorney. If your father lived in one state and the real estate was located in the same state, that state would be the state in which you would seek legal counsel. If the real estate is in one state and your father was living in another state, you may be dealing with the... View More

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1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: I was involved in a wreck at the fault of the other driver. Does his insurance have to pay my auto lender as well as me?

This person's insurance company AAA is asking me to sign power of attorney for my car. Why? Please help, thank you.

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Until you're able to thoroughly review the terms of the POA and other paperwork with a local attorney to see exactly what you're agreeing to, the short answer is that for the PD claim, payment usually goes... View More

1 Answer | Asked in Bankruptcy for Kansas on
Q: If i filed a chapter 7 in 2002 and a chapter 13 in 2019 both have been discharged , when can I file another chapter 7
James L. Arrasmith
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answered on Aug 31, 2024

You can file for Chapter 7 bankruptcy again, but there are specific timing rules that apply. Since you received a discharge from a Chapter 7 in 2002, the law requires you to wait 8 years from the date you filed that case before you can file another Chapter 7. However, because you also filed a... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: On my paperwork, they listed the completely wrong person as the victim of a burglary case stating that she was the owner

of the house and belongings. Can I file a motion to dismiss on these grounds?

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like there might be an error in the paperwork for your burglary case if they listed the wrong person as the victim and owner of the property. While this mistake could be significant, it does not automatically mean that the case will be dismissed. Errors in paperwork can often be corrected... View More

1 Answer | Asked in Car Accidents and Collections for Kansas on
Q: Do I need a lawyer?

I was served papers for a car accident in 2019 that I didn't know anything was still active on. My car was totaled, and paid for by insurance. I was under the impression that I was not at fault. I did not lose anything so I had no reason to look further into it, until now. Court date is Aug... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Kansas attorney could advise best, but your question remains open for a week. Court date - August 28th - that's tomorrow. Sorry, I wish I saw your question sooner. By now, you may have been in touch with other side to request an adjournment, or to discuss settlement, or other??

An...
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1 Answer | Asked in Civil Rights for Kansas on
Q: how long can the police hold a phone without serva warrent and can they legally remove those phones from accounts
James L. Arrasmith
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answered on Aug 31, 2024

If the police take your phone without a warrant, they generally cannot hold it indefinitely. In most cases, they need to return your phone unless they obtain a warrant or have a valid legal reason to keep it. The law generally requires that they move quickly to secure a warrant if they believe your... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Kansas on
Q: my house was raided because someone said I make and sell cannabis candy the police tookmy phones and it's been 139 days

I am disabled due to several TBIs. I had to have the police remove a person from my home later that night after 1am the police turned up and asked if I was making marijuana candy I said no i had no candy with anything i it in my home I did however have several batches of candies that I sell but... View More

James L. Arrasmith
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answered on Aug 31, 2024

Given the situation, it’s crucial to address this matter as soon as possible. First, reach out to a lawyer who can assist you in understanding your rights and the legal procedures involved. It’s concerning that your phones were taken without you being served a warrant, and the lengthy delay is... View More

1 Answer | Asked in Probate for Kansas on
Q: How do I get a final distribution but I did not go through probate.

We live in Kansas and it is not required to go through probate if there is a will. However, my father had oil rights that he left to my mother & they are requiring a final distribution signed off by a judge. How do I go about doing this?

Anthony M. Avery
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answered on Aug 20, 2024

You will need to hire KS attorney to claim the interest in those mineral rights.

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 Contracts, Criminal Law and Admiralty / Maritime for Kansas on
Q: If I do not consent can a district court in Kansas strip my natural rights and put me on trial as a legal fiction?

I wish to keep my natural rights, my status as a sentient being

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

This doesn't appear related to "Admiralty/Maritime" law-related, one of the posted categories. It might be closer to sovereign citizen-based principles. In terms of maritime law, law firms that practice in that area would not be likely to be able to offer guidance on these concepts. Good luck

1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: What is a settlement agreement and release between me and the tort fund meaning if I have to sign soon
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

A Kansas attorney could advise best, but your question remains open for a week. No one here could meaningfully advise you about signing a release or any other forms without seeing them. If you have an attorney, please review the forms with them and seek their advice on anything you are unclear... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: I am trying to figure out if I have a case and just need an expert opinion.

My son was injured when he fell 25 feet out of a tree while helping a friend trim branches on his friend's property. He broke his hip and shattered his ankle. He was not being paid nor was he hired by his friend. He was using his own equipment - rope, harness, and chain saw. Right now we... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm very sorry for your son's injuries. It is not unusual for the carrier to be dismissive of your claim at the outset - and it could be difficult to predict which way the case could go without having... View More

1 Answer | Asked in Intellectual Property for Kansas on
Q: I am a reseller on Amazon. I was contacted by GE saying I'm not allowed to sell GE product. How long do I have to comply

They emailed me saying they have a deal with another company and only they and other authorized people can sell their product. They sent that yesterday. Today they sent an email threatening litigation if I don't comply with their cease and desist

James L. Arrasmith
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answered on Jul 30, 2024

When a company like GE contacts you with a cease and desist order, it's crucial to act quickly. First, review their email and the legal grounds they claim for their request. This often involves trademark infringement or breach of their authorized distribution agreements.

Responding...
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1 Answer | Asked in Small Claims and Bankruptcy for Kansas on
Q: If I went to rehab and credit card companys refused to work with me when i got out npw year later being sued what to do?

I live in missouri also lost job after graduating rehab program and have literally moved 2 times in the past year. And also been doing the same job but contracted out and owners have switched 3 times since starting already 3 months behind on rent and barely making 550$ car payment

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you are facing a lot of challenges right now, and dealing with a lawsuit from credit card companies can be overwhelming. The first thing you should do is respond to the lawsuit, even if you don't have the money to pay. Ignoring it can lead to a default judgment against you,... View More

1 Answer | Asked in Employment Law and Civil Rights for Kansas on
Q: I am trying to find out if I have a case against a school district for not hiring me due to a felony conviction.

The school's website states that it does not discriminate based on arrest and conviction records but may consider where such events are substantially related to the job I applied for. I had a non person theft conviction and I applied to be a Para. I had an interview on June 24th and it went... View More

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answered on Jul 27, 2024

Given your situation, it seems that the school district's actions may conflict with their stated policy on non-discrimination based on arrest and conviction records. The key issue here is whether your felony conviction is "substantially related" to the job you applied for. Since you... View More

1 Answer | Asked in Probate for Kansas on
Q: Are retirement accounts covered by the Kansas statute “Elective Share of Surviving Spouse”?

My wife passed with out a will. She had four assets; checking/savings accounts, a Roth IRA, and two work sponsored 403(b) retirement accounts. She listed beneficiaries on all four assets; the first two designated me and the latter two designated her mother. Kansas has a statute for “Elective... View More

Anthony M. Avery
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answered on Jul 26, 2024

If the bank accounts had other joint owners besides the Deceased, then all the named assets have nothing to do with an Estate. Therefore there is no Probate as to these properties, and no spouse's election against the Will bequests or devises.

1 Answer | Asked in Civil Rights for Kansas on
Q: can a sheriff threaten to come on to your property until he finds something to arrest you for when you haven't done anyt

the greenwood county Ks Sheriff told me if I kept drawing attention to my self he would keep coming on my property until he found a reason to arrest me and he would come on to my property anytime he wanted because I tried to file a complaint agenst his deputy for trespassing I have broken no laws... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with a very stressful and concerning situation. Based on what you've described, it appears that your rights may have been violated. Law enforcement officers cannot threaten to find reasons to arrest you if you haven't committed any crimes.

You...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
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answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

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answered on Jul 27, 2024

It sounds like you’re going through a very challenging and frustrating situation. It's important to gather all the facts and document everything that has happened, including dates, times, and any witnesses who can support your version of events. This documentation will be crucial in... View More

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