Kansas Questions & Answers

Q: If someone passes the intoxilyzer 9000 and does not conduct a blood sample, is it still legal to give them a DUI?

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Feb 19, 2018

Yes, it happens quite often. When you say "passes the Intoxilyzer" I assume you mean the person blew under .08. The officer can still charge the driver with DUI if the officer believes he or she is under the influence to the degree that he or she is incapable of safely driving. This happens quite often when the breath test result is not much under .08.

A driver can also be charged with driving under the influence of drugs, whether it is illegal drugs or prescription drugs. Even a driver...
View Details »

Q: Guardianship/cons. petition in MO., GAL/court appointed atty. did not inform resp. of right to exam. Motion to retry?

1 Answer | Asked in Probate for Kansas on
Answered on Feb 13, 2018

This question was misdirected to the Kansas section. Should ask again in the Missouri section.
View Details »

Q: My mother passed away recently. She did not have a will. She lived with her boyfriend of 20-plus years. I'm her only hei

1 Answer | Asked in Estate Planning for Kansas on
Answered on Feb 12, 2018

A single person who passes away with one child would have a single heir, the child. Kansas does recognize common law marriage. So two single people may hold themselves out to be married and by virtue of their affirmative effort to be a married couple, may become married. Common law marriage has generally fallen into disfavor in a majority of other states. You should consult with an attorney about how to handle matters of the estate and questions about whether common law marriage would be an...
View Details »

Q: My friend informed me that he wants me to inherit his estate and wants me to draw up the documents to do so.

1 Answer | Asked in Estate Planning for Kansas on
Answered on Feb 12, 2018

Your friend would need some independent legal advice. Kansas law provides that: "Any provision in a will, written or prepared for another person, that gives the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse any devise or bequest is invalid unless...it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice with reference thereto. K.S.A. 59-605. A document you prepare or have someone else...
View Details »

Q: Are citizens expected to report to authorities for an "anchor baby" situation?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 8, 2018

It depends on her visa status. She can apply for an extension if she needs to stay longer. You should talk to a lawyer to make sure all your questions are answered.
View Details »

Q: Per the parenting plan we alternate years. But my ex claimed my daughter on her taxes and I have no form 8332. Options?

1 Answer | Asked in Tax Law, Divorce, Family Law and Child Custody for Kansas on
Answered on Feb 8, 2018

Your only option is to take her back to court to enforce your divorce agreement.
View Details »

Q: Dual Citizenship: German and American

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 5, 2018

You are not a U.S. citizen until you have been sworn in. Even after you pass the interview, you cannot call yourself a U.S. citizen until you receive the naturalization certificate. It's common to reschedule interviews or oath dates, people travel, get sick, etc. However, failing to appear more than once for your naturalization ceremony may lead to a denial of your application. I hope this helps.
View Details »

Q: Greetings. How do I go about contesting a trademark that is under review? Also, how do I go about placing a trademark?

1 Answer | Asked in Trademark for Kansas on
Answered on Jan 29, 2018

To contest a trademark, you need to retain and attorney to file either file a opposition or cancellation proceeding, depending on the status of the registration. I am unsure what you mean by "placing a trademark."
View Details »

Q: If someone was killed in front of my business is it possible that the family can sue me I live in Kansas City Mo

1 Answer | Asked in Civil Litigation and Wrongful Death for Kansas on
Answered on Jan 25, 2018

If your business had nothing to do with the person being there, let alone being shot, no. Even if the person was a customer, I don't see it. You may have some issues if it was in your building, but if someone is walking the outside of your building and someone else shoots them that does not implicate you.
View Details »

Q: I was hit by a car while in police custody. Do i have a lawsuit?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Jan 22, 2018

If you were not driving and another hit you negligently, then yes, you do have a claim against the negligent driver. There is a two year statute of limitations in Kansas, and you amount of recovery will be dependent on the extent of your injuries.
View Details »

Q: Getting married soon but wife and I won't live together until September. Need to file for a green card. Currently on H1B

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jan 17, 2018

You should always submit evidence of your relationship and supplement it. If you are unsure about what to do, your should contact an experienced immigration attorney for assistance.
View Details »

Q: IRS tax debt question

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 17, 2018

Your tax debt should be dischargeable in a chapter 7 case.There might be another reason the attorney said you can only file a chapter 13. Do you own a home? You might want to just speak to another bankruptcy attorney in your area for a second opinion.

Information provided for informational purposes only and should not be taken as legal advice.
View Details »

Q: I am going through an audit and the IRS person has had it for almost 70 days and keeps telling me it will be done

1 Answer | Asked in Tax Law for Kansas on
Answered on Jan 12, 2018

Believe it or not 70 days is actually not a long time for an audit. Some auditors are quicker than others. If you are concerned because they are telling you things that are making you uncomfortable I recommend at least calling a tax attorney. Most of us offer a free consultation. If it is just the amount of time that it is taking worrying you, I would not be concerned at this point. Prior to finalizing the audit they are required to send you a breakdown of everything they have changed....
View Details »

Q: Does my aunt need to appear in court or can she just pay a fine? What are the possible penalties?

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on
Answered on Jan 9, 2018

Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.
View Details »

Q: My sister passed away with no will. Her condo is going back to the bank. She has no assets but the condo and her car.

1 Answer | Asked in Estate Planning for Kansas on
Answered on Jan 9, 2018

A creditor such as a bank may file a petition to probate an estate. In absence of a family member who is an heir at law stepping forward to ask for the appointment of an administrator, the court would likely appoint a fiduciary suggested by the creditors as administrator. The administrator would then have the authority to deal with settlement of the debts, filing taxes and such things.

It would be a good idea to visit with an attorney and determine who your sister’s heir(s) at law...
View Details »

Q: Do I use private party or dealer retail to value my car to file a motion to redeem?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 3, 2018

Generally you start with dealer retail, but if it went to a hearing you would be able to reduce that amount by various factors including mileage, damage, wear and tear, etc. So ultimately again, the final number is negotiable to some degree.
View Details »

Q: How do I value my car if I want to motion to redeem?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 3, 2018

Generally blue book value is used, though ultimately other factors can be considered. There are some companies out there that will lend you the money for the redemption, so the car can be purchased for a more reasonable, post-bankruptcy loan amount.
View Details »

Q: I'm looking to create an online course that shows people how to overcome panic attacks and chronic anxiety. Need advice.

1 Answer | Asked in Personal Injury, Products Liability and Internet Law for Kansas on
Answered on Dec 29, 2017

Avoid plagiarizing copywrited materials. You need to include advice as to when a person should consult a therapist or doctor.
View Details »

Q: Would I be within the statue of limitation for medical malpractice

1 Answer | Asked in Medical Malpractice for Kansas on
Answered on Dec 25, 2017

There is only a two year statute of limitations in Kansas. This date can be considered to run from the date that you were first able to discover that malpractice had been committed. There might still be some time left to get a case on file in your case. Please consult an attorney immediately. It will be necessary to find a physician who can review the case and give a formal opinion that what the other doctor did constituted malpractice.
View Details »

Q: We have 3-month old twins and are being denied a spacious one bedroom apartment. I feel like we were discriminated..

1 Answer | Asked in Civil Rights and Family Law for Kansas on
Answered on Dec 20, 2017

Apart from legal aspects, you should first find an appt consisting on a single spacious room plus other amenities or modify two rooms into one so as to meet your need. If such a need is met in any complex or house and you were still denied of because of your stated facts then the question of law will arise that could well be settled through court intervention.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.