Kansas Questions & Answers by Practice Area


Kansas Questions & Answers

Q: I am a DPOA and need to ask some questions re: responsibility and authority in this capacity. McPhrson County, Kansas.

1 Answer | Asked in Family Law, Elder Law and Probate for Kansas on
Answered on Jun 22, 2017

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.
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Q: Mom died in Joplin Missouri lived in Kansas had no will.What does my brother and I need to do?She does own some property

1 Answer | Asked in Probate for Kansas on
Answered on Jun 22, 2017

It is likely a probate case will need to be filed for your mother's estate. There several different types of procedures that might be appropriate based upon the specifics of your mother's estate. If there is a need for action or for someone to be appointed as an administrator of the estate, then a petition for administration or simplified administration might be appropriate. If there is not a need for an administrator, then it might be possible to wait for six months to pass and file for a...
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Q: What is the procedure of filing a petition to change the deed of a house in the state of Kansas? No longer probate

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Answered on Jun 22, 2017

There will be a need for some type of probate procedure to transfer the ownership of the real property. The type of procedure that would be appropriate would depend upon several factors, including when your father passed, the urgency, and whether there is a need for an executor to be appointed. You should consult with an attorney as soon as possible.
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Q: Badly injured in a car accident on 2/4/16. Driver died on 2/5/14. There was no estate to file a claim against.

1 Answer | Asked in Personal Injury for Kansas on
Answered on Jun 6, 2017

Unless you were a minor at the time it occurred, there is generally only a two year window to get a case filed (either against the individual at fault or his/her estate). Any delay beyond that is likely going to be a bar against getting any recovery. Your question mentions 2014 and 2016 as dates, so not clear on the time frame. Happy to consult further if you'd like.
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Q: Looking into a case against my sons dr. She almost killed him with a misdiagnosis. Can I sue?

2 Answers | Asked in Medical Malpractice for Kansas on
Answered on Jun 5, 2017

Liability will depend on what the original doctor should have been able to diagnose, and what effect the delayed diagnosis had on the eventual problems your son developed. These cases often require review from another medical expert in the field. You can contact my office or another attorney that handles medical malpractice cases. There is a two year statute of limitations in Kansas.
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Q: How is it ok for doctors to decide if you get treatment or not? To me a 9mm kidney stone needs treatment.

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

It's up to a doctor to decide what needs treatment and how. If you don't like the tretment, you may find another doctor.
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Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?

1 Answer | Asked in Business Formation, Products Liability, Federal Crimes and Health Care Law for Kansas on
Answered on May 29, 2017

If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
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Q: Is it a violation of my right to a speedy trial on DUI in September 2015 and conviction in February 2017?

1 Answer | Asked in DUI / DWI for Kansas on
Answered on May 24, 2017

Unfortunately the answer is likely no, this is something you should ask your attorney about if you have more questions.
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Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Answered on May 8, 2017

Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.

*Please be advised that this answer is for information or educational purposes only and is intended to be general information, not specific advise in your situation the response is based only upon the limited information you provided in the question. For detailed advise about your...
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Q: How easy or hard will it be to break a verbal contract involving the sale of some property

1 Answer | Asked in Contracts for Kansas on
Answered on May 5, 2017

Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not require a formal contract for an agreement for the sale of real property to be in writing. If you sent emails memorializing the terms or wrote basic terms down on a napkin, that may be enough to...
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Q: What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?

1 Answer | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Kansas on
Answered on May 4, 2017

If there is no off-set and she owes you the damage deposit, you can take her to small claims court.
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Q: How long will it take me to register my new business as an LLC?

1 Answer | Asked in Business Formation for Kansas on
Answered on May 3, 2017

Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney, the other variable is the attorney's schedule, which could effect the timeline.
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Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on
Answered on May 2, 2017

If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost you a couple hundred dollars, but that is a small price to pay to find out if you can keep from losing $200,000 in property value.
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Q: Would divorcing wife now, but continuing to live with her, still allow for Medicaid long term care 6 years from now?

1 Answer | Asked in Divorce and Estate Planning for Kansas on
Answered on May 2, 2017

This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning attorney.

Divorce is for people who have differences such that the objects of matrimony are no longer reasonably likely to be preserved. Remember the wedding vows about 'richer or poorer'? The...
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Q: Who's really at fault

2 Answers | Asked in Traffic Tickets and Car Accidents for Kansas on
Answered on May 2, 2017

Depends on the light at the moment he clipped you.

If it was red, he was to stop.
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Q: Kansas Statute 58-2557. Reasonable notice to the tenant for entry. What is considered reasonable?

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

Reasonable usually means under the circumstances.

The landlord is juggling availability of the pest control people and the tenants.

Usually, the complaint is that the landlord isn't doing anything.
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Q: If a house is in my and my brother's names and my brother files for bankruptcy, will that affect my ownership interest?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Apr 28, 2017

It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the bankruptcy court. If the property is your main residence, you may be able to protect some of the equity as part of your homestead. If there is little equity in the property, the bankruptcy will really...
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Q: Can use a picture of my work thru one company and use it for my own company website.

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on
Answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You would be best to take another picture to use on your website as then you do not have to worry about any issues.
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Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Answered on Apr 27, 2017

Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.
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Q: How to obtain car title or court order for a car i just purchased?

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on
Answered on Apr 27, 2017

The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information: http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Quiet%20Title%20Packet.pdf. You can also hire an attorney to assist with the quiet title.

As to the cost it is hard to...
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