Kansas Questions & Answers

Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Answered on Apr 17, 2018
Benton R Patterson III's answer
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
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Q: If you have a debt that has been sold to a collection agency are you legally bound to pay that debt?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Apr 11, 2018
David Adams' answer
The very short answer is "yes." Certain rights of collection may be affected by a subsequent owner of the debt, but as a general rule, they step into the shoes of the original holder of the debt and may proceed as if they were the original owner of the debt.
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Q: Is there a statute of limitations for the IRS collecting back taxes? Even if I have been making payments for 8 yrs?

1 Answer | Asked in Tax Law for Kansas on
Answered on Mar 8, 2018
Linda Simmons Campbell's answer
They have 10 years after assessment to collect. The statute of limitations can be tolled (stopped) or extended by filing an offer in compromise, requesting a collection due process hearing, or seeking innocent spouse relief, among others. It may be to your benefit to discuss this with an attorney who can review your tax records and see if it is worth stopping the statute to submit an offer.
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Q: Can an employer require applicants to be vegetarian or vegan?

1 Answer | Asked in Employment Discrimination for Kansas on
Answered on Mar 8, 2018
Salim U. Shaikh's answer
Whoever interested may follow their instructions at least under their roof but one may practice to whatever they like. Easting is purely your personal matter and cannot be curbed by instruction unless there is a medical advice.
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Q: If a relative passes away and your their beneficiary to their checking and savings, do you claim that on taxes?

1 Answer | Asked in Tax Law and Probate for Kansas on
Answered on Mar 8, 2018
Linda Simmons Campbell's answer
As long as their estate is not subject to estate taxes (11.2 million in 2018) and provided you and the deceased were not splitting the interest on your taxes every year, the beneficiary only claims the interest earned after the date of death. If you were splitting the interest on your taxes every year, the same thing needs to be done again.
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Q: I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit

1 Answer | Asked in Contracts and Employment Law for Kansas on
Answered on Mar 7, 2018
Scott C. Stockwell's answer
Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your "availability" fit one schedule and then you changed it to fit another schedule. Your question really relates to how the facts of the situation fit the terms of the written documentation. You should consult with an...
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Q: Does my brother have to surrender the house he has lived in for the last 8 years taking care of his mother in home

1 Answer | Asked in Estate Planning and Foreclosure for Kansas on
Answered on Mar 7, 2018
Scott C. Stockwell's answer
Your brother should consult with an attorney regarding the Medicaid eligibility issues that may relate to the situation. A home of a Medicaid recipient may be transferred to an adult child who has lived with the Medicaid applicant for the two years prior to going into the nursing home and the child has made it possible for the parent to live in the home longer than he or she would have been able to.
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Q: Is there any advantage to filing for bankruptcy in one state versus another?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Mar 3, 2018
David Earl Phillips' answer
Depending on the State the exemptions may be better in one State vs. another. To prevent shopping for a State to bankrupt in, you must be a resident of a State for 2 years before you can claim that States's exemptions. This can be complicated depending on your assets. See a bankruptcy lawyer near you to see what your options are. As a resident of Kansas, you may be able to claim either State or Federal exemptions. Hope it works out. Good luck!
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Q: I let a man in need borrow my car. He now won’t return it or answer my calls. How can I get it back?

1 Answer | Asked in Uncategorized for Kansas on
Answered on Mar 2, 2018
Scott C. Stockwell's answer
You should consult with an attorney to determine the best course of action. It could be appropriate to file a police report at some point. There is also a civil lawsuit action called where a person who has been dispossessed of their property may ask the court to restore the property to the owner's possession. The best course of action would depend up the circumstances of your case.
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Q: Mother wants to sell a cell tower??

1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for Kansas on
Answered on Mar 2, 2018
Scott C. Stockwell's answer
If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of the real estate. There may also be a contract or lease that was agreed to by the landowner that may affect whether the tower may be removed without the landowner's consent and by whom. An attorney...
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Q: Kansas probate law. A friend of mine is the beneficiary of her late husbands estate. The estate owns part of a business,

1 Answer | Asked in Probate for Kansas on
Answered on Mar 2, 2018
Scott C. Stockwell's answer
Your friend needs to seek the advice of an attorney immediately. The issues touched upon in your question are much too difficult to address in a question and answer setting. There may be time-sensitive issues that must be address quickly or your friend may lose some potential remedies available to her. An experienced probate attorney is needed to review how the case has developed and what the current situation might be.
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Q: My son was killed by a wrong way, drunk driver on November 11, 2017. His mother and I have been divorced for many year.

1 Answer | Asked in Wrongful Death for Kansas on
Answered on Feb 26, 2018
Peter Munsing's answer
Contact a member of the Assn for Justice of the state where the wreck happened. They give free consults. You want someone who has handled cases against car companies as there may be a "crashworthiness" claim.Don't wait.
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Q: I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal tax

1 Answer | Asked in Contracts, Family Law and Tax Law for Kansas on
Answered on Feb 26, 2018
Scott C. Stockwell's answer
A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time and a half for overtime (in excess of forty hours per week.) https://www.dol.gov/whd/flsa/index.htm . The Department of Labor's information about filing a complaint may be found at:...
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Q: In the state of Kansas, do the probate courts allow you to use your own appraiser for real estate or do they assign one

1 Answer | Asked in Probate for Kansas on
Answered on Feb 26, 2018
Scott C. Stockwell's answer
If the executor or administrator proposes to sell real estate, he or she may file a petition to sell the real estate. K.S.A. 59-2303. The petition may include the name of a proposed purchaser and suggest appraisers, which appraisers may be approved by the court, or the court could direct different appraisers. A hearing on the petition is set and notice given to the interested parties. K.S.A. 59-2304. Kansas probate sale directs that property sold at a private sale (as opposed to a public...
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Q: In Kansas how long can a probate case be opened.

1 Answer | Asked in Probate for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
Normally, a probate case should be completed within about nine months. If there are legitimate needs, the court may extend the authority of the executor or administrator, but that should be formalized with a petition for additional time and an order authorizing it. There is not an absolute limit as to the length of time a probate case may be open.

If the question relates to how long after the death of an individual may an estate be opened for the first time, the answer depends upon...
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Q: My step father passed away and his biological son's don't want to file probate,

1 Answer | Asked in Probate for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
People who have an interest in an estate may enter into a valid settlement agreement. "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement. K.S.A. 59-102 (8). Courts favor settlement agreements. You...
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Q: How can I find out if my dad who has passed away that his name was the only name on his house I need to know how to

1 Answer | Asked in Probate for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
One possible source is to visit the Register of Deeds office for the county in which the home is located. The staff will assist you in searching for the record owner (as shown in a deed). You might also want to check the records of the county treasurer to see who is shown as the owner. You should consult with an attorney to confirm what you have learned. There are proceedings, such as a probate case, that may affect ownership of property without a deed having been filed. You and the attorney...
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Q: If a landlord gives you 3 day notice to vacate (Sedgwick County, KS) how long before you will be removed from property?

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
It is necessary for a landlord to provide a three-day notice (rent must be paid in three days or an action to evict will be initiated) prior to filing a lawsuit. Once the lawsuit is filed, you will be served with notice that the lawsuit is filed and given a court date to appear. If you file a response, most counties will set another hearing date for a later date. After the trial (or if a party fails to appear), the court will enter an order. There is a fourteen day period that should pass...
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Q: I just sold the house and want to use all proceeds from the house for my bother. To help with his finances as a safety

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
You should consult with an attorney as soon as possible. The details of the transaction leading to the sale of the house are not clear from the limited information stated in the question. An attorney-in-fact operating under the powers vested in him or her by a durable power of attorney (DPOA) has fiduciary responsibilities that must be met. Those obligations may direct in part your actions and may limit some options.
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Q: I am executor of estate from years ago and had found some money the previous trustee did not find have not distributed

1 Answer | Asked in Estate Planning for Kansas on
Answered on Feb 23, 2018
Scott C. Stockwell's answer
If there is a need to reopen the estate to empower an executor or administrator, that may be done. An attorney who would work with you in addressing this new development would want to be sure about the nature of the asset, what proceedings would be needed, and minimizing the cost of a new procedure to maximize the payout. You should consult with an attorney promptly.
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