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Kansas Questions & Answers
1 Answer | Asked in Real Estate Law for Kansas on
Q: Me amd brother are listed on my deceased mother's home .can he sell without my consent?

Can he sell with out my consent?

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.

1 Answer | Asked in Estate Planning for Kansas on
Q: In the state of Kansas, is it legal for me to hand write my own will with two witnesses to my signature?
Doug Coe
Doug Coe answered on Sep 14, 2021

As a general matter, it is not a requirement to have a will typed, and there is no requirement that the will be typed by someone other than yourself. However, there are a LOT of other variables to consider. As a probate and estate planning attorney, I've seen countless messes that not only... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: What if my sibling left a Will and died will my assets follow the will or go to her daughter who my sibling left nothing
Doug Coe
Doug Coe answered on Sep 3, 2021

In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I am 73 y/o, divorced for 27 years, grown son and daughter. I do not own the house I live in, have no stocks or bonds,

No savings or retirement. Are there advantages to my having a living Will? (Also, no life insurance)

Nina Whitehurst
Nina Whitehurst answered on Sep 1, 2021

"Living will" is another name for Advance Directive for Health Care, which is a document that sets forth your values with respect to end of life care. There is definitely value in having one regardless of your age or net worth.

You might have meant to refer to a Will aka Last...
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1 Answer | Asked in Libel & Slander for Kansas on
Q: Defamation of Character.

I am retired from a ice machine Co. I was told by a former colleague that someone in dispatch was telling customers that requested me to work on their equipment that I was fired. I had not received any termination letter. I had received a retirement card signed by fellow workers and a gift card.... Read more »

David Adams
David Adams answered on Aug 30, 2021

Probably more facts are needed before a good answer can be given. How many times has this been said to customers? Are they saying anything more specific about you, and being fired? What else are they saying about you? Has this affected your good name in the community where you live? Has it... Read more »

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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2 Answers | Asked in Estate Planning and Real Estate Law for Kansas on
Q: What is a grantor? Are they financially responsible for the borrower's debt? Will it void a previous will?

My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... Read more »

Doug Coe
Doug Coe answered on Aug 13, 2021

It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... Read more »

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1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: Our business was destroyed in the Leeds Plant fire on Tuesday. What kind of attorney do we need? Please help?
Tim Akpinar
Tim Akpinar answered on Jul 31, 2021

A Kansas attorney could advise best, but your post remains open for three weeks. If you had insurance coverage on your operations and are dealing with issues such as lost or damaged equipment, inventory, etc., you probably want an attorney familiar with property & casualty insurance losses.... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... Read more »

2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 16, 2021

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a...
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1 Answer | Asked in Probate for Kansas on
Q: can a person with no legal standing contact and hire the probate lawyer?
Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property
Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who...
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1 Answer | Asked in Contracts for Kansas on
Q: Selling Kansas home. Expired mineral rights lease delaying close. Need extension. Can I ask for appraised value?

My realtor is not willing to share details on who did buyers appraisal so I could seek info, buyers have refused to let me access that knowledge from their appraiser. Frustrated but want to pursue only what is legal to learn. Before I sign extension on their closing date.

Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

There is not enough information to provide meaningful guidance to you. You should consult with an attorney, sharing your agreement, communications about the delay, and possible defaults (such as failure to close).

1 Answer | Asked in Real Estate Law and Civil Rights for Kansas on
Q: My x boyfriend is wanting to get reimburse for the down payment he gave me for our house

He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.

Your "x" provided some money for the downpayment and made one mortgage payment. How much...
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1 Answer | Asked in Personal Injury, Products Liability, Government Contracts and Military Law for Kansas on
Q: Yes I have a question about my case Kolbek v. 3m company. Case number 7:2021cv9491. Filed March 5th 2021 the judges nam

M. Casey Rogers in result of the 3 M earplugs lawsuit personal injury. Product liability. So I have not heard a word on this issue and my tinnitus is getting worse with partial hearing loss.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. I'm sorry for the suffering you're experiencing. If you're represented by counsel here, they would be in the best position to answer. Without knowing the particulars of your case, a general feature of many... Read more »

1 Answer | Asked in Constitutional Law, Libel & Slander and Personal Injury for Kansas on
Q: How do I file a motion for abduction prevention act
Tim Akpinar
Tim Akpinar answered on Jun 27, 2021

A Kansas attorney could advise best, but your question remains open for two weeks. At this point, it could be worth considering reaching out to Kansas attorneys to discuss. The format here is basic, general questions. When it comes to filing motions and other more complex elements of actual... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My wife and I made out a will with a lawyer 35 years ago in Iowa. We now live in Kansas. Is it binding in Kansas?

The lawyers office has signed & notarized originals, and we still have our copies.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 9, 2021

Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its... Read more »

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