Kansas Questions & Answers

Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?

1 Answer | Asked in Business Law for Kansas on
Answered on Aug 9, 2018
Scott C. Stockwell's answer
If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and capitalized.

Q: Will pre-trial diversion affect my chance at renewing DACA?

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on
Answered on Aug 3, 2018
Hector E. Quiroga's answer
Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA renewal. You’ll want to consult with an immigration attorney to see what your options are.

Q: where can I look up my case number?

1 Answer | Asked in Medical Malpractice for Kansas on
Answered on Jul 25, 2018
Peter Munsing's answer
You can call your state Attorney General. It sounds like a scam. Most AG's offices don't call themselves "Department of the Attorney General, " for one thing. It would be "This is Jane Doe with the Kansas Attorney General's office of ______________________"

Q: Our house was raided by police saying they had a warrant which we never were shown or given. Is that legal?

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Answered on Jul 20, 2018
Gary Kollin's answer
You need to hire a lawyer. The lawyer will be able to investigate and analyze this

Q: How do you find out if someone has federal charges pending against them?

1 Answer | Asked in Federal Crimes for Kansas on
Answered on Jul 20, 2018
Gary Kollin's answer
Are you asking whether you can find out if someone complained about you to federal authorities or whether you can find out if an indictment filed against you?

i suggest you retain an attorney

Q: What is the threshold amount for a theft to become a federal crime? Is it possible to know if federal charges are pendin

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Answered on Jul 20, 2018
Gary Kollin's answer
Since I answered the former question using the word "threshold" I know you are the same person.

Was there federal jurisdiction? Does the defendant have a criminal history? Did it occur over state lines? There are so many factors.

I suggest you consult directly with a criminal defense lawyer

Q: Is theft a federal crime?

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Answered on Jul 19, 2018
Gary Kollin's answer
Generally, before the federal authorities become involved in the prosecution in individual cases. There usually is a threshold amount unless the theft is committed on federal property.

Q: Can anyone tell me if I'm really at 60% fault?

1 Answer | Asked in Car Accidents for Kansas on
Answered on Jul 18, 2018
Peter Munsing's answer
If he rear ends you he would be at fault, but as it is I'm not sure from your description how it happened so if the company doesn't understand either that may be the problem.

If, however, he hit you in the rear while coming from your left--i.e. he was on the road you were going to turn into, and you turned into his path but just underestimated his speed, it's on you.

If you are turning then the vehicles in the roadway you turn into have the right way, and if controlled by a...

Q: Does Kansas (City of Wichita) have a law/code requiring disclosure of the height of a restaurant porte cochere?

1 Answer | Asked in Car Accidents, Construction Law and Municipal Law for Kansas on
Answered on Jul 18, 2018
Peter Munsing's answer
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.

Q: Do beneficiaries of a will need legal representation? Is there a time limit a beneficiary has to respond to a will..?

1 Answer | Asked in Family Law and Probate for Kansas on
Answered on Jul 11, 2018
Scott C. Stockwell's answer
Whether the estate would be probated in Kansas or Massachusetts would be a threshold question that would need to be answered with the assistance of counsel. The appropriate jurisdiction for probate of the will would be based upon several different factors. If Massachusetts is the appropriate jurisdiction, your questions would be more appropriately directed to a Massachusetts' attorney.

If Kansas is the appropriate jurisdiction, a will must be filed with the court within six months of...

Q: What can I do if I don't agree to the adjuster's decision about car accident?

2 Answers | Asked in Car Accidents for Kansas on
Answered on Jul 11, 2018
David Adams' answer
You will likely have to get a lawyer involved if there are injuries involved. If it is just a property damage situation and your own insurance has not covered your damages, or if you were injured, then a lawyer would be able to get a suit on file and get a deposition and other evidence that can help get the outcome you need. In Kansas, the other driver will need to be at least 51% at fault in order to get some recovery. If total damages are less than $4,000.00 then you may go to small claims...

Q: If we have not met in person is it difficult to get a fiance visa? What would be our best course of action to take?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jun 21, 2018
Carl Shusterman's answer
Meeting in person is generally required for either a fiance or spouse visa unless there is good cause to waive the requirement. Skyping or other forms of communication are not adequate. The idea is to avoid such things as mail order brides, a relic from the distant past. Given current technologies, people all over the world are able to have serious relationships without meeting. Even so, it is still generally necessary to meet in person before proceeding with US immigrant processing.

Q: My husband is not listed on our house title or loan. Can I sell him my house for the appraised amount?

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Jun 19, 2018
Scott C. Stockwell's answer
In Kansas, a spouse has full legal rights to sell a piece of property to another spouse. You could also transfer the house to your spouse without value. From your question, however, it would appear that the real question is whether you could complete such a sale and your husband obtain financing for a sum greater than $313,000 plus closing costs? A logical place to begin is to fully disclose the proposed transaction to the bank to determine whether the bank is willing to provide the sought...

Q: Mother signed the deed to her house to my brother but the finacing is in her name, she died,

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Jun 19, 2018
Scott C. Stockwell's answer
You describe a set of circumstances in which the details (facts) will be critical to answering your question. You should consult with an attorney licensed in the state in which your mother's estate is located.

A deed making a present transfer and recorded prior to the grantor's death could make a transfer to an individual for that person's own benefit or in trust or constructive trust, again depending upon what was written or said or both. If a transfer is knowingly made, without...

Q: Can you be charged with possession with tempt if there is no drug charges being brought

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on
Answered on May 29, 2018
Gary Kollin's answer
What is possession with "tempt"? An what do you mean no drug charges being brought?

Q: If I'm added to the mortgage as executor, does the house still need to go through probate?

1 Answer | Asked in Probate for Kansas on
Answered on May 25, 2018
Scott C. Stockwell's answer
If a person passes away owning real estate in his/her name only and without a transfer on death deed making an automatic transfer at death, some probate proceeding would be required to convey ownership of the property or to authorize someone to transfer the property on behalf of the estate. If an executor or administrator is appointed, that person would have the authority to sell the property consistent with the terms of the will, if any, or an order of the court. If no estate is opened within...

Q: This area isn't even remotely large enough for my question refer to more details section below please.

1 Answer | Asked in Copyright and Trademark for Kansas on
Answered on May 22, 2018
John Espinosa's answer
You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource: https://www.upcounsel.com/common-law-trademark

Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400

1 Answer | Asked in Immigration Law for Kansas on
Answered on May 21, 2018
Carl Shusterman's answer
You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.

Q: I am on diversion for a KS DUI. The admini hearing rules against me in KS but didnt sus me in Mo. Am I ok to drive in Ks

1 Answer | Asked in DUI / DWI for Kansas on
Answered on May 10, 2018
Brian Leininger's answer
As long as you have a suspension in KS you are not legal to drive there, even if you have a valid license in another state.

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