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Kansas Questions & Answers
1 Answer | Asked in Real Estate Law and Banking for Kansas on
Q: 2 people getting a loan, 1 owns land used for collateral Do both people need to be on deed of property?

The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Does wife sign contract to sell home or just husband
Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a Deed which states:

General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...

What is the ownership status of... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.

Doug Coe
Doug Coe answered on Apr 6, 2020

In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land in... Read more »

1 Answer | Asked in Probate for Kansas on
Q: How do I obtain ‘simplified small estate’ probate status?

I’m named executor in my brother’s recent will. Need a probate letter confirming this before a bank will set up an ‘estate account’ to pay bills and receive refund checks in his name. His lawyer said probate filing is not needed since the will was recorded only a couple months ago. What do... Read more »

Doug Coe
Doug Coe answered on Mar 30, 2020

In order to officially serve as the executor (and therefore have the authority to open an estate account), you will need what's called the Letters Testamentary from the Court. In order to get that document, there are a number of hoops to jump through, including a Petition, Notice, Order Appointing... Read more »

1 Answer | Asked in Probate for Kansas on
Q: What is the probate court process to request simplified estate status?
Doug Coe
Doug Coe answered on Mar 30, 2020

In Kansas, there are a series of documents to be completed and filed with the Court in order to have a simplified administration. However, the primary document is a Petition. If your situation allows for a small estate affidavit, review the resources here:... Read more »

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph’s emergency room. with a swollen leg and in pain. They did an ultra sound to see if I had a blood c

Clot. I was told I didn’t have one. 3 days later with horrible pain. I went to my doctor. I was told St Joseph’s did the wrong ultra sound to find a blood clot. After an ultra sound at St Luke’s I did have a clot. I was sent to St Luke’s emergency room. Do I have a case against St Joseph hospital.

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

I'm sorry for your ordeal. It's difficult to answer your question based on these brief facts. You could consult with a Kansas med mal attorney who could request your medical records and review them with a medical professional. A jury is not going to go by, "they did the wrong ultrasound." They're... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How can... Read more »

Doug Coe
Doug Coe answered on Mar 19, 2020

In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 17, 2020

In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person named by the court as... Read more »

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1 Answer | Asked in Child Support for Kansas on
Q: Is it okIf a non custodial parent has proof for them to pay other parent directly owed child support and they reject it?

I have emails, mail sent to me from modification of me having to pay child support was dropped but they told me i had to pay him directly what i owe and he's sent back almost every payment, stating he can't accept it unless it's coming to me from the state not myself. I have kept all the money... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 16, 2020

You should make the payments to the State Disbursement Unit. You then have proof of the payments and do not create Extra, unnecessary issues.

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph emergency room with a swollen leg and in pain.

They did an ultra sound looking for a blood clot. I was told I didn’t have one. I went to my primary doctor three days later. The pain was getting worse by the day. I said it was a 7 if touched 10. When my doctor got the results from

St Josephs found out they did the wrong ultra sound to... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 12, 2020

There wasn't a question here, but your post remains open for three weeks. If you're wondering whether you have the grounds for a case, a good first step toward answering that question would be to contact a Kansas med mal attorney and discuss the matter in greater detail. If an attorney felt that... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 4, 2020

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... Read more »

2 Answers | Asked in Probate for Kansas on
Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?

There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?

Doug Coe
Doug Coe answered on Mar 4, 2020

Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.

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1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: Can a Kansas employer use bonuses to make up the required $684 a week required by law to salaried employee?

I am making 656 a week instead of the 684. My employer has told me that we get two bonuses a year and those bonuses are usually the equivalent of a full pay check and as long as they pay me the minimum 35,568 annually they are legally fine. Is this legal that everyone gets a bonus but only two... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 4, 2020

Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Living estate, Do I have any rights as the property owner before my step mom passes away?

She keeps moving things to her new homestead that had been on my dads place before they were married. ....hay barn, small round top shed..neither were attached to the ground. Those are just the things I noticed from the hwy way as she said i was not allowed on the property.

Doug Coe
Doug Coe answered on Mar 4, 2020

Tough to say without more info. I'd certainly reach out to an attorney to represent you and to get more thorough advice. With that said, if you own the property and she is a tenant, your rights are largely governed by the Kansas Landlord Tenant Act and the lease agreement, if any. As for... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Kansas on
Q: How do you respond to a notice of foreign judgement? It was for taxes 3 years ago and it was discharged in bankruptcy?

The taxing authority is claiming the debt is not dischagrable because they sent you a tax warrant 3 years ago before you actually filed for bankruptcy. Per the bankruptcy laws however that doesn't mean anything.

Timothy Denison
Timothy Denison answered on Mar 2, 2020

You file a response in the court where the foreign judgment is attempting to be enforce and show the court where the debts were discharged.

2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

My father died 3 years ago and we just recently found out that only his name was on the deed to my parents house (he inherited it back in the early 80s) My mother had early dementia and I guess there were some things she didnt take care of after his death. The only "estate" he left was the home and... Read more »

Doug Coe
Doug Coe answered on Feb 28, 2020

From what you've said, you will have to do at least some amount of work with the probate court. However, there is a simplified proceeding called a Determination of Descent. It is much easier than the traditional probate preceding, and it is commonly used in situations like this. I would recommend... Read more »

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1 Answer | Asked in Bankruptcy for Kansas on
Q: Still have company vehicle after company filed chapter 7 bankruptcy. No one has contacted me to recover vehicle.
Timothy Denison
Timothy Denison answered on Feb 26, 2020

You can wait it out or you can return it to the bankruptcy trustee.

2 Answers | Asked in Immigration Law for Kansas on
Q: What kind of evidence I need to present to the USCIS to comply with either of the options stated below?

The first page of the instructions of the FORM I-129F indicates that you are required to meet your fiance unless you can establish that meeting your fiancé in person will (1) violate strict and long - established customs of your fiance’s foreign culture /social practice or (2) result in extreme... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 26, 2020

Quite frankly, if you haven't met in person your chances of success are extremely low. I strongly suggest that you consult with an experienced immigration attorney to determine the best path forward.

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Kansas on
Q: Can I bring my fiancé from Egypt to the US?

My fiancé is from Egypt and I am a US citizen. We meet all the requirements in the Fiancé visa but we didn’t met because meeting before marriage violates our cultural and religious values. What can I do about this.

Adan Vega
Adan Vega answered on Feb 26, 2020

The first page of the instructions of the FORM I-129F indicates that you are required to meet your fiance unless you can establish that meeting your fiancé in person will (1) violate strict and long - established customs of your fiance’s foreign culture /social practice or (2) result in extreme... Read more »

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