Kansas Questions & Answers by Practice Area


Kansas Questions & Answers

Q: If I successfully completed diversion for a criminal misdemeanor in Kansas back in 2011, am I still convicted?

1 Answer | Asked in Criminal Law, Employment Discrimination and Government Contracts for Kansas on
Answered on Aug 15, 2017

If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.
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Q: Can a bicyclist get a ticket for violating traffic rules?

1 Answer | Asked in Traffic Tickets for Kansas on
Answered on Aug 13, 2017

Yes, absolutely.
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Q: How many traffic tickets can a person be issued in the State of Kansas before his license is suspended.

1 Answer | Asked in Traffic Tickets for Kansas on
Answered on Aug 13, 2017

If we are talking about regular moving violations you will get suspended when you get four within a one-year period.
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Q: i just found out my home has been sold for unpaid taxes, and i didnt know anything about it what can i do?

1 Answer | Asked in Tax Law, Consumer Law and Real Estate Law for Kansas on
Answered on Aug 11, 2017

The initial sale of the house is to the county for the back taxes. There is a period of time in which the owner of the property may redeem the property. You should contact an attorney immediately to determine (a) when the sale took place; (b) the exact period of redemption you have; (c) the procedure for paying the amount owing for the judgment, interest and costs; and (d) the procedure for making that payment before the period of redemption passes. The period of time could be one to three...
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Q: Can someone be charged with distribution of heroin or methamphetamines because of text messages.

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 11, 2017

Text messages can certainly be used as evidence that someone distributed a drug or had the intent to do so, and therefore can be the basis for filing criminal charges. However, I would say that it is rare to see someone charged with distributing drugs based on text messages alone. If drugs are discovered, that is a different story.
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Q: What is the sentence for felony selling of your prescription pain killers?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 10, 2017

In Kansas, sentencing for felony offenses is dictated by your criminal history and the classification of the offense. For a Kansas sentencing grid, you can visit the criminal defense section of my website and find it at the bottom under resources. http://www.dumalawoffices.com/criminal-defense.html. You can also visit the Kansas sentencing website at https://sentencing.ks.gov/forms
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Q: I entered into real estate to purchase a home fsbo. Appraisal was less than contract. I told the seller I was unable

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Aug 9, 2017

You would have to closely examine the terms of your contract to answer this question. Rest assured, an astute real estate attorney would have protected you as against this issue. Did you have one?
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Q: Brake down K.S.A.59-602 so a 5th grader can understand.

1 Answer | Asked in Probate for Kansas on
Answered on Aug 5, 2017

The statute provides:

59-602. Limitation on testamentary power. Any devise or other disposition of real estate located in this state taking effect in possession or enjoyment at death, and any bequest or other disposition of any personal property by a resident of this state taking effect in possession or enjoyment at death, without regard to the time when the will or other instrument containing such devise, bequest or other such disposition shall have been made, to any foreign country,...
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Q: Why would a sibling file a determination of descent petition as a plaintiff in a family farm vs. her brothers?

1 Answer | Asked in Estate Planning and Family Law for Kansas on
Answered on Aug 4, 2017

A determination of descent is a proceeding in probate court to determine the heirs of law of a person who has passed away and to enter an order transferring the assets of the estate to those heirs at law in accordance with the laws of intestacy. If there had been a will, it should have been filed with the probate court within six months from the date of death. If the will was valid, its terms would have controlled who received the assets (subject to spousal rights, if any). If no probate estate...
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Q: Should the Decree of Descent be corrercted if it was filed with the wrong date of death for my mother? The day/yr wrong

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Answered on Aug 4, 2017

If there are assets that as of yet have not been transferred of record, the incorrect date in the Decree of Descent might create some confusion and delay in a future transfer. For real estate for which the decree of descent will appear as part of the record of title, the error might cause a delay in a future sale. The error may be corrected by the issuance of an Decree of Decent Nunc Pro Tunc. The minor error is corrected back to the date of the original order. The order is essentially the same...
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Q: Can a landlord renew a lease without guarntors consent?

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Aug 2, 2017

Given the question as posted, this is not an IP issue.
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Q: Can my mother's grandson be her attorney on her will?

1 Answer | Asked in Estate Planning and Elder Law for Kansas on
Answered on Aug 1, 2017

It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?

For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I received an equal share of their estate with my siblings. IF they had wanted ME to get everything and cut out one of my siblings I would have suggested they have a different attorney prepare the will because that WOULD...
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Q: My husband lives in Mexico & I'm wanting to fill out for his papers. How much & long would the process be

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 29, 2017

The filing fee for a permanent resident or US citizen to file for their spouse that the US government charges is $535. In addition, lawyers charge fees to prepare if you hired an attorney. It depends on a number of factors in terms of length of time the process would take. Consider consulting with an attorney to get more information about your specific situation.
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Q: I am a US citizen. My husband's 2-year green card expired 3 years ago (while overseas). Can he get 10-year card now?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 10, 2017

You really need to contact an immigration attorney.

From what I understood from your question: he obtained his green card based on your marriage and obtained a conditional 2 yr. green card. He then left country and remained overseas.

In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. To remove the conditions on a green card based on marriage, you must have filed Form...
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Q: I was taken into custody after wrecking my car. They gave me a breath test and took blood but did not arrest me.

1 Answer | Asked in Car Accidents for Kansas on
Answered on Jul 6, 2017

Yes, as sometimes it take 5 weeks to get test results back. Suggest you contact an attorney who handles DUI's in the county where you will be charged.
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Q: My son has to go to court for not stopping at a stop sign he hit a car what will happen

1 Answer | Asked in Car Accidents and Traffic Tickets for Kansas on
Answered on Jul 6, 2017

If he is going into the service (for real not a "I think I might" ) then cop may move it down to a non-moving violation.

Otherwise, he gets points, his insurance will go up.

Possible a judge could drop it but there was a crash and the judge & cop will be concerned that he may not get the severity and needs the 2x4. The other person may be injured and your insurance has been informed I assume.
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Q: H1B for 9yr & quit job 1 month back.Does it put me in out of status?Can I do a H1B transfer now if I find a new job soon

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 3, 2017

There is now a 60-day grace period to file an H-1B transfer petition, beginning from the date of your last day at work in the job you have just left.
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Q: Does an executor get paid to handle an estate?

1 Answer | Asked in Probate for Kansas on
Answered on Jul 2, 2017

They CAN be paid, or they can waive payment if the circumstances warrant such treatment. Like so many other legal issues, this depends on the facts of the case. An executor who is also the major beneficiary may choose NOT to be paid, and inherit instead because of tax issues.

Hire a local attorney to help sort out what the best way to handle things in YOUR situation is.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an...
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Q: Is this medical negligence?

1 Answer | Asked in Medical Malpractice for Kansas on
Answered on Jun 30, 2017

It may be but not actionable as you'd have to show harm. Talk to your doctor about next steps. Do not mention any legal action or your own doctor may freeze.
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Q: Is there a limit on the number of alternate executors you can name in your will in Kansas?

1 Answer | Asked in Estate Planning for Kansas on
Answered on Jun 29, 2017

Legally no. Practically, yes. Do you REALLY want to make such a complicated will? PLEASE seek the advice of a qualified local estate planning attorney.

Wills -- and especially naming a fiduciary -- are complicated! Don't fall into a trap of trying to save a few pennies with a DIY will when it will cost your heirs much later!

--This answer is offered for general information purposes only and does not constitute legal advice, or create and attorney/client relationship. I am...
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