Kansas Questions & Answers

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.
View Details »

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...
View Details »

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...
View Details »

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?
View Details »

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...
View Details »

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.

Q: Can I make two changes on an existing product to make a new product and still get a patent?

1 Answer | Asked in Patents for Kansas on
Answered on May 10, 2018
Kevin Flynn's answer
Assuming that you are asking about a utility patent instead of a design patent -- making changes that would be deemed obvious adaptations by one of skill in the art will not be be enough to get you a patent.

Making even one change that would not be deemed obvious by someone that makes this sort of patent and is presumed to know everything ever done with respect to this type of product and attempts to solve the analogous problem you are solving in any other field -- that would be...

Q: If I own a home but agreed and signed a 5 year contract for someone to rent to own my home, can I get my home back?

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Answered on May 9, 2018
Scott C. Stockwell's answer
There are several issues that would pertain to a "rent to own" agreement that would depend upon the terms of the actual agreement. You should consult with an attorney, sharing with her or him the documents pertaining to the agreement.

Q: Our bankruptcy has not yet been closed . We bought land on April 16 , 2018. are we going to be able to keep it.

2 Answers | Asked in Bankruptcy for Kansas on
Answered on May 8, 2018
David Adams' answer
Assuming your source of funds to purchase these items did not consist of hidden funds that existed at the time of the bankruptcy filing, you should be fine. Purchasing assets after discharge but before the formal closing of the case, is not a problem, just so long as there weren't any assets undisclosed in the bankruptcy when you filed.

Q: My wife and her sister recently inherited a property/house in Tallahassee, Florida from their father at his passing.

1 Answer | Asked in Estate Planning for Kansas on
Answered on May 7, 2018
Scott C. Stockwell's answer
The law that would apply to the lease of a Florida property would be Florida law. You need to seek legal advice from an attorney licensed in Florida.

Q: How long to probate a will in kansas

1 Answer | Asked in Probate for Kansas on
Answered on May 7, 2018
Scott C. Stockwell's answer
Kansas law provides that a will must be submitted to the court within six months of the date of death. If a party withholds the will from the court, that party may not receive under the terms of the will more than that party would receive under the laws of intestacy. If a will is discovered, an innocent party (not having intentionally withheld the will) may file the will if done so expeditiously.

Q: I live in a duplex. Is it legal for a landlord to only have fire alarms installed in ONE of the units?

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on May 6, 2018
Salim U. Shaikh's answer
You may ask LL for installation of fire alarm in both units if there exist fire/heater/kitchen appliances in the second unit having separate exhaust. However, if both units are simultaneously in use by the occupants and joined together then separate installation of fire alarm may be an added value.

Q: How much time do I need to give tenets to up the rent?

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Apr 28, 2018
Scott C. Stockwell's answer
If the lease is a month-to-month, a landlord may provide notice at least one month prior to a rent-paying date that the lease is going to terminate at the end of the following month. In a separate written communication, a landlord could communicate an offer to enter into a written lease at a higher rent, while being clear that the communication is not a lease extension itself. Communications in residential landlord-tenant situations should be clear. Ambiguity in communications is often...

Q: Can I sell my house after it went through a foreclosure auction?

1 Answer | Asked in Foreclosure for Kansas on
Answered on Apr 28, 2018
Scott C. Stockwell's answer
After a foreclosure auction of a personal residence occurs, the prior owner has a certain period of time to "redeem" the house. The right of redemption typically is three months long, unless more than one-third of the indebtedness had been previously paid, in which event the period of redemption extends to twelve months. During this period of time, the owner may "redeem" the property if the owner pays the balance owed, including interest and costs. A foreclosed owner may transfer or sell his or...

Q: My question is related to my landlord and reasonable notice.

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Apr 24, 2018
Linda Liang's answer
It is not against law to knock on somebody's door without notice. If you are found to have violted the lease, your landlord has right to request stop doing or anything the lease allows him to do.

Q: My parents sold a piece of property using a quitclaim deed and buyer has not paid.

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Apr 24, 2018
Scott C. Stockwell's answer
Your parents should consult with an attorney as soon as possible. There are reasons why a small claims case might not be the optimal course of litigation. There are some unanswered questions that would be better discussed in a confidential communication with an attorney.

Q: Husband died 6 years ago, Will filed, no probate, everything was joint. Now, found a stock certificate, in his name only

1 Answer | Asked in Estate Planning and Probate for Kansas on
Answered on Apr 24, 2018
Scott C. Stockwell's answer
There is a process that allows for use of an affidavit for the heirs at law or beneficiaries of a will to transfer the assets directly to them if the value of the estate is under a certain amount. K.S.A. 59-1507b provides that if the total assets of the decedent subject to probate do not exceed $40,000 in value, any personal property of whatever nature transferrable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled...

Q: I moved I to an abandoned property 7 years ago took 6 months of labor and money. Never paid rent. Do I have rigjts

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Answered on Apr 24, 2018
Scott C. Stockwell's answer
Adverse possession is recognized as a way to become an owner of a property. The person occupying the property must do so in a hostile, actual, exclusive, open and notorious way for a continuous period of fifteen years. K.S.A. 60-503. A person with a superior interest in the property may file an action for possession to dislodge the person in possession of the property or to quiet title. K.S.A. 60-1001, 60-1002.

Kansas law provides a right to reimbursement for improvements made by a...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.