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Kansas Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Kansas on
Q: I need help on how to get my mother'ss property.

My stepsister was my mothers power of attorney when she was alive. she passed away on May 2nd. I have asked for a will several times, she doesn't respond. My mother didn't adopt her, and my mother has been divorced from her father for over 20 years. no probate has been filed. what do I do? I... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Sep 1, 2017

You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file a petition... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Kansas on
Q: Can my mother's grandson be her attorney on her will?

He set up his mother, my sister, as the power of attorney and I'm not sure what it covers other than her medical, yet she manages her finances, as well. There may be future issues regarding the will so I'm concerned that this representation will be biased.

Kenneth V Zichi
Kenneth V Zichi answered on Aug 1, 2017

It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?

For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I received an equal...
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1 Answer | Asked in Family Law, Elder Law and Probate for Kansas on
Q: I am a DPOA and need to ask some questions re: responsibility and authority in this capacity. McPhrson County, Kansas.

Is there a legal aid type service in McPherson County, KS?

Scott C. Stockwell
Scott C. Stockwell answered on Jun 22, 2017

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.

1 Answer | Asked in Elder Law and Foreclosure for Kansas on
Q: How do I get standing to file Motion to Dismiss on my elderly mothers foreclosure onhome? I reside with her as caregiver

I already filed a motion to dismiss, pro se, as I was included in the foreclosure since I reside with her. I just got court papers of banks motion to dismiss due to lack of standing. Is there anything I can do to get standing? Also, they say I failed to state a claim upon which relief can be... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

Maybe there are some low income or pro bono law assistance groups in your area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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