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Kansas Questions & Answers
1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother father had a will forme and my brother to split everything 50 /50 the willwas that way 54 years mom died

And dad changed it my brother got everything I didn't even get a will copy is this legal

Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

It is unclear whether your question pertains to your mother's or father's estate. Because of that ambiguity, I would encourage you to visit with an attorney.

Your mother and father may have had a joint will. Attorneys generally discourage clients from writing joint wills because...
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2 Answers | Asked in Car Accidents for Kansas on
Q: I was involved in a head on collision while working should I contact a lawyer

Went to hospital for knee and hip pain.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 1, 2021

Yes, you should consult with a lawyer---you want to make sure that you are protected----Use the Find a Lawyer tab and search for injury/accident lawyers in your area and contact a few of them----most give free, no obligation first meetings on these type cases----I know my firm does----so take them... Read more »

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1 Answer | Asked in Banking for Kansas on
Q: My son is incarnated and yesterday he got his stimulus check in the mail, now I have power of attorney over him and all

His assets including property. So how can I get his check cashed? I have a saving account and so does his wife but the bank says they can't cash it.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

No bank will cash a government check that is not signed by the intended recipient. Either get your son to sign it over to you or keep it until he gets out of jail.

1 Answer | Asked in Estate Planning for Kansas on
Q: Why is it that a mental evaluation is required to prove that the elderly person has been conned into signing a trust?

Why is it that a mental evaluation is required in order to prove that an elderly person has been conned into adding a POD on their banking account?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 25, 2021

Kansas has statutes and case law that recognize that undue influence and manipulation of an elderly person is wrong. In some instances, it is a crime. In some instances, the court has the power to right the wrong. In both instances, the court's job is a difficult one. As all people age, their... Read more »

1 Answer | Asked in Probate for Kansas on
Q: My mother died I paid all debts and will wasn't probate. No in probate but attorney trying to get settled without judge

lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale

Doug Coe
Doug Coe answered on Mar 5, 2021

In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:... Read more »

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Kansas on
Q: Who has the legal rights to own the possessions of a deceased roommate if said roommate has no family?

My friends housemate passed away recently. They lived together for about 10 years in one house (owned by the living housemate) in Missouri. The deceased had no family at all that were living, except for one estranged brother who may be in prison, whereabouts unknown and no will made out. The... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

A Kansas attorney could advise best here, but your post remains open for four weeks. At this point, you might not want to lose more time waiting for a response in a different legal category, but this is something that attorneys in the Probate and Estate Planning categories would have the most... Read more »

1 Answer | Asked in Immigration Law for Kansas on
Q: Immigration question for Venezuelan citizen.

My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 27, 2021

A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Kansas on
Q: When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?

I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .

Kathryn Perales
Kathryn Perales answered on Feb 24, 2021

Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... Read more »

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1 Answer | Asked in Personal Injury for Kansas on
Q: statue of limitations petition was filed 6 days before limitations and clerk filed with court after statue past
David Adams
David Adams answered on Feb 17, 2021

Not clear exactly what happened here. Most all filings are online now, so there is no delay in filing. If you physically dropped off paperwork with the clerk and they did not file timely, that could be a real problem. Currently because of Covid-19 most statutes of limitations are suspended, so... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: When can a felon own a gun in Kansas again? It’s been 6 years, no other infractions. Was att agg robbery.

Level 3 person felony I believe was where it fell on the table.

Caroline Bundy
Caroline Bundy answered on Feb 14, 2021

You would either to have your convictions expunged or pardoned. Even then, it becomes more of an issue on the federal level.

1 Answer | Asked in Immigration Law for Kansas on
Q: I applied for my siblings who live in India for citizenship to come to America and it’s been 12 year

I am also a USA citizen and it’s been very long and frustrating is there any way that they can come faster or is there any ways that I can help?

Adan Vega
Adan Vega answered on Feb 12, 2021

A sibling petition for a citizen of India will take at least 15 years before an immigrant visa becomes available. Your siblings can wait several more years or should explore other avenues such as employment or investment based visas.

1 Answer | Asked in Contracts for Kansas on
Q: Can I get out of a 5 year lease for my business office?
Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Kansas attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer meaningful input without seeing the lease. One option is to reach out to Kansas attorneys for a consult. After reviewing the terms of the lease, an attorney would be... Read more »

1 Answer | Asked in Criminal Law for Kansas on
Q: Welfare check in KS. Someone requested for my residence. I was not in danger, just had a argument with boyfriend.

The argument was resolved. Few minutes later, loud pounding at my door. Idk who it was, I knew it wasn't my BF. They said police here for walfare check. I then said I didn't request one. Open door slightly and told them ok I am good. They ask can they come in I said no I don't want... Read more »

Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

I'd recommend either getting a public defender or hiring a criminal defense attorney.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: city gave me paperwork saying my place was uninhabitable and the landlord is trying make me pay Feb and March rent
Caroline Bundy
Caroline Bundy answered on Feb 9, 2021

Could you expand upon your question?

1 Answer | Asked in Criminal Law for Kansas on
Q: I plead guilty to attempted armed robbery and another non person felony in 2015. When can I own a firearm in KS again?
Caroline Bundy
Caroline Bundy answered on Feb 9, 2021

The issue is more about the federal restrictions on firearms, so even if Kansas were to allow you to have firearms again, the federal government won't.

1 Answer | Asked in Estate Planning for Kansas on
Q: I’m representative for my Dad’s estate, my sister’s and I were all 3 on the deed. Can I charge a fee on the house & pro?
Doug Coe
Doug Coe answered on Feb 3, 2021

There are a number of factors here. Generally, estate representatives can charge a reasonable fee for services rendered. However, if you are actually appointed as the representative for the estate via the court process, the Judge will ultimately have to approve your fees. If an estate... Read more »

1 Answer | Asked in Securities Law and Stockbroker Fraud for Kansas on
Q: Is it legal for a stock brokerage to restrict the purchase of stock? I can sell, but not purchase. Market manipulation?

I was able to buy this particular stock in the pre-hours, but once the market closed I was unable to purchase more of the identical stock. I can, however, sell my already purchased stock (at a loss). How is this not someone choosing to make me a loser by locking me in where I am?

No... Read more »

Ross B. Intelisano
Ross B. Intelisano answered on Jan 29, 2021

It depends on what your customer agreement states. Often the agreements provide broad discretion for the firms to limit purchases of stocks.

1 Answer | Asked in Criminal Law for Kansas on
Q: Will I go to jail with 4 assault charges?
Caroline Bundy
Caroline Bundy answered on Jan 28, 2021

If you were found guilty of four separate assault charges, then yes you would most likely go to jail.

1 Answer | Asked in Child Support for Kansas on
Q: Can my boyfriends child support be lowered since he now has had a second child?

He pays over a thousand dollars a month for his ten year old son from a previous marriage, but we just had a daughter together. Can it be lowered?

Caroline Bundy
Caroline Bundy answered on Jan 28, 2021

Child support calculations do not account for subsequent children had, but it might be wise for him nonetheless to seek a modification of his child support order since that sounds like a high child support amount for one child.

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