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Kansas Questions & Answers
1 Answer | Asked in Animal / Dog Law for Kansas on
Q: can i put down my dog myself if i cant afford to have a vet do it

my dog is sick and i cant afford to pay for treatment or to put them down can i end there suffering myself

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

I wish I saw your question sooner. A Kansas attorney who has knowledge in animal/dog law should answer, but your question remains open for a month. You may have already taken action by now. Animal cruelty-related legalities aside, this is a terrible approach - if done improperly, it could cause... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: while riding bicycle home I didnt see cut limbs over sidewalk, wrecked and broke shoulder, who is responsible? case?

I was riding home in the dark, with proper lighting. it was a city sidewalk that had a pile of cut limbs between the street and sidewalk. the pile was hanging half way over the sidewalk, by the time I seen them it was too late. i hit the pile and ended up wrecking, seperating my shoulder in the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your accident and your injuries. To answer your question, an attorney would want to know more details about the setting - local regs about bicycles on sidewalks, lighting, your speed, measures... View More

Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

2 Answers | Asked in Immigration Law for Kansas on
Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

The charge was filed in the state of Kansas by HUD. I've found that I can petition to have that expunged. If the expungement is granted, will he have an issue applying for citizenship because of that felony? He has been married for 10+ years and has a 16 year old daughter with legal... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Sep 27, 2024

Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the... View More

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1 Answer | Asked in Employment Law for Kansas on
Q: Was I wrongfully terminated?

I put in my 2 week notice through email, on 9/16, to my boss, the VP and the owner but didn’t include the division boss as he runs the northern division and isn’t in our day to day activities in the Wichita division. I was just let go today from the division boss because he was upset I didn’t... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In almost all states, your employment is "at will" which means that you can quit or be fired without cause or notice. Just because you give 2 weeks notice does not put you in a "safe harbor" period for the 2 weeks and you can still be terminated without cause or notice by the... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: I was hit by a drunk driver , she was taken to jail , my car is totaled , I'm left paying for Ubers what should I do.

Her insurance company is stalling I had very minor injuries, I've recently just put a transmission in my car and now it's completely destroyed, I need help badly , this is affecting my mental health and job stability and severely out of pocket ubers

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Kansas attorney could advise best, but your question remains open for a week. There is no direct "quick fix" answer to your question of what you should do that would fit in a Q & A forum response. The short answer is that you should consider setting up a free initial consult with a... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: Can someone owe 5% of the property do partition action and forced to sell it in caution?
Scott C. Stockwell
Scott C. Stockwell
answered on Sep 3, 2024

Kansas law provides a process for a joint owner of real or personal property to file a petition for such property to be partitioned among the owners. K.S.A. 60-1003. Any owner may file a petition identifying the property and alleging the ownership interests of the parties. The court initially... View More

2 Answers | Asked in Probate for Kansas on
Q: My dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?

There's bank accounts and a CD to be split but not done he hasn't shown. Me any paperwork at all.

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 3, 2024

You should consult with an attorney. If your father lived in one state and the real estate was located in the same state, that state would be the state in which you would seek legal counsel. If the real estate is in one state and your father was living in another state, you may be dealing with the... View More

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1 Answer | Asked in Car Accidents and Collections for Kansas on
Q: Do I need a lawyer?

I was served papers for a car accident in 2019 that I didn't know anything was still active on. My car was totaled, and paid for by insurance. I was under the impression that I was not at fault. I did not lose anything so I had no reason to look further into it, until now. Court date is Aug... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Kansas attorney could advise best, but your question remains open for a week. Court date - August 28th - that's tomorrow. Sorry, I wish I saw your question sooner. By now, you may have been in touch with other side to request an adjournment, or to discuss settlement, or other??

An...
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1 Answer | Asked in Personal Injury for Kansas on
Q: I am trying to figure out if I have a case and just need an expert opinion.

My son was injured when he fell 25 feet out of a tree while helping a friend trim branches on his friend's property. He broke his hip and shattered his ankle. He was not being paid nor was he hired by his friend. He was using his own equipment - rope, harness, and chain saw. Right now we... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm very sorry for your son's injuries. It is not unusual for the carrier to be dismissive of your claim at the outset - and it could be difficult to predict which way the case could go without having... View More

1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: What is a settlement agreement and release between me and the tort fund meaning if I have to sign soon
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

A Kansas attorney could advise best, but your question remains open for a week. No one here could meaningfully advise you about signing a release or any other forms without seeing them. If you have an attorney, please review the forms with them and seek their advice on anything you are unclear... View More

1 Answer | Asked in Probate for Kansas on
Q: Are retirement accounts covered by the Kansas statute “Elective Share of Surviving Spouse”?

My wife passed with out a will. She had four assets; checking/savings accounts, a Roth IRA, and two work sponsored 403(b) retirement accounts. She listed beneficiaries on all four assets; the first two designated me and the latter two designated her mother. Kansas has a statute for “Elective... View More

Anthony M. Avery
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answered on Jul 26, 2024

If the bank accounts had other joint owners besides the Deceased, then all the named assets have nothing to do with an Estate. Therefore there is no Probate as to these properties, and no spouse's election against the Will bequests or devises.

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
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answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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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?

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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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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