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Kansas Questions & Answers
1 Answer | Asked in Civil Rights and Health Care Law for Kansas on
Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More

James L. Arrasmith
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answered on Jun 15, 2024

If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When...
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1 Answer | Asked in Constitutional Law for Kansas on
Q: Detective came to home to search after bf was arrested w narcotics at separate location does this violate 4th amendment?

my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More

1 Answer | Asked in Tax Law for Kansas on
Q: My employer is not taking out federal taxes and my w4 is updated and set to 0 exemptions
James L. Arrasmith
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answered on Jun 13, 2024

You should address this issue with your employer's payroll department first. Inform them that despite having your W-4 set to zero exemptions, federal taxes are not being withheld from your paycheck. It's important to ensure that your W-4 form has been properly processed and that there are... View More

3 Answers | Asked in Immigration Law for Kansas on
Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

James L. Arrasmith
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answered on May 31, 2024

Since the Philippines does not recognize proxy marriages, your marital status might be considered single in their eyes, even though the proxy marriage might be valid in some parts of the U.S. This discrepancy can complicate your visa application process.

For U.S. immigration purposes,...
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3 Answers | Asked in Immigration Law for Kansas on
Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 5, 2024

The USCIS will only recognize a marriage as valid for Immigration purposes if the marriage where performed is recognized as valid. Since the Philippines does not recognize a proxy marriage, then neither will the US CIS for purposes of immigration law. You need to file a fiancé petition if the... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My wife passed away. Before passing, other parties signed documents acting as MPOA and they made end of life decisions

The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More

James L. Arrasmith
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answered on May 29, 2024

I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: If someone is sentenced to 27 months kdoc but have served over that in jail time credit would they be immediate release
James L. Arrasmith
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answered on May 27, 2024

If someone is sentenced to 27 months in the Kansas Department of Corrections (KDOC) but has already served more than 27 months in jail, they may be eligible for immediate release. The time already served should be credited towards their sentence.

To confirm this, it's essential to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Civil Rights Lawsuit and Sealed/Expunged Criminal Case Records.

How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More

James L. Arrasmith
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answered on May 24, 2024

Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: Wanted advice on rental car accident

I’m an Indian master’s student at Pittsburg State University. I recently had a rough experience and could really use some advice and support.

In May, I rented a car from Enterprise and took full collision insurance. After 5pm one day, I got my periods and couldn't drive. I handed... View More

David Adams
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David Adams
answered on May 17, 2024

Several things need to be examined here. Was your boyfriend at fault? Was he covered under any other possible policy? What are the exact terms of your personal car insurance? We would be happy to discuss these items with you further if you would like. Legal help should be accessed sooner than later.

1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:

1. Capital gains exclusion: If you owned and lived in the home as your primary residence...
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1 Answer | Asked in Libel & Slander for Kansas on
Q: Hello, I have a defamation of caricature question, on statue of limitations.

I'm wanting know if someone said something untrue that kept you from being gainfully employed as a contractor in your profession a couple years back, would the statue of limitations still apply as long as it kept you from working on customers property? IE lets say you were a lineman working... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. A Kansas attorney needs to advise on this, since it involves state procedural law in the form of SOL. But in general, SOLs for defamation are very short and are referenced by the publication of the statement. Check... View More

2 Answers | Asked in Estate Planning for Kansas on
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

He is refusing to give me the will or information.

Scott C. Stockwell
Scott C. Stockwell
answered on May 10, 2024

If an IRA has a beneficiary designation or a payable on death (POD) provision, the transfer of that asset is a non-probate transfer. Typically, a IRA custodian will convey to the beneficiary's benefit an IRA account upon presentation of a death certificate and, proof of identity.

As...
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2 Answers | Asked in Estate Planning for Kansas on
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

He is refusing to give me the will or information.

Anthony M. Avery
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answered on May 10, 2024

Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas on
Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More

James L. Arrasmith
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answered on May 1, 2024

If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More

3 Answers | Asked in Bankruptcy for Kansas on
Q: I didn’t show all income while receiving food stamps. How do I report this while filing bankruptcy?
James L. Arrasmith
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answered on May 1, 2024

It's important to address your situation with transparency and care. If you failed to report all your income while receiving food stamps and are now considering filing for bankruptcy, it's crucial to disclose this information accurately during the bankruptcy process. Bankruptcy filings... View More

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3 Answers | Asked in Bankruptcy for Kansas on
Q: I didn’t show all income while receiving food stamps. How do I report this while filing bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 1, 2024

Honestly, is how you report all bankruptcy submissions.

What you file in Bankruptcy Court is subject to the penalty for perjury, a major felony penalty.

It is never a good idea to morph a mere debt problem into a potential criminal exposure.

Especially given the possible...
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1 Answer | Asked in Tax Law for Kansas on
Q: if my sister quit claims me a property that i have lived in since purchased but she is currently only one on deed. Home

if my sister quit claims me a property that i have lived in since purchased but she is currently only one on deed. Home purchased for 145,000 and now worth 240,000. if I live in it for 2 + more years once deeded it seems i can avoid capital gains tax. My question is how much taxes will she pay with... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information you provided, here's how the gift tax would likely apply in your situation:

1. Yearly gift tax exclusion: In 2024, your sister can gift you up to $18,000 without having to report the gift to the IRS or pay any gift tax.

2. Lifetime gift tax exemption:...
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1 Answer | Asked in Car Accidents for Kansas on
Q: I was involved in a car accident. Other persons insurance is trying to sue for car repairs. I did not recieve ticket.

My insurance did not pay for his car repairs, I'm going to assume it was because I was not found at fault. I have less than 30 days to respond to a lawyers letter requesting a balance for the insurance. What should I do?

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

A Kansas attorney could advise best, but your question remains open for almost a week, and time is of the essence. Start by contacting your carrier and placing them on notice of the claim. It is generally the duty of an auto carrier to defend their insured against claims and lawsuits. Good luck

2 Answers | Asked in Contracts and Constitutional Law for Kansas on
Q: Can a city government stop doing business with a newspaper because it does not like a story about it?

The mayor of my town has recently announced that the city will no longer do business with the local paper because he did not like an article about a city council meeting.

James L. Arrasmith
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answered on May 1, 2024

In general, a city government's decision to stop doing business with a newspaper due to dissatisfaction with its coverage can raise significant legal and ethical concerns. The key issue here revolves around the First Amendment, which protects freedom of the press. This protection is designed... View More

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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can the owner of a mobile home park sell a home I own? I am current on rent.

I owe one months water, which was refused when payment was attempted

James L. Arrasmith
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answered on Apr 16, 2024

No, the owner of a mobile home park cannot sell a home that you own, even if you owe rent or water payments. As long as you have proper ownership documentation for the mobile home itself, the park owner has no legal right to sell your property.

However, if you are behind on rent or water...
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