Kansas Questions & Answers

Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Answered on Oct 11, 2017

The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify the time and expense of a lawsuit. In any case, notifying the state board of hearing arts would be one way to document the failure of care, and put the licensing people on notice that there is a bad doctor out...
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Q: I am supposed to have a court appointed attorney. He is charging me 80 dollars an hour. I thought they are free?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 10, 2017

Depend on the matter in court. Get free legal aid from your local Bar where pro bono Attorney will help you out. You may also take high charging up with them too.
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Q: I fell at the Dodge dealership and they took me to their Dr. It was brokee and requires surgery Do I have a case?

2 Answers | Asked in Personal Injury for Kansas on
Answered on Oct 10, 2017

You have a case if the dealership was more than 50% responsible for your fall. The fault finding would ultimately be up to a jury, but you can get a settlement if the adjuster agrees about the fault assessment. I would be interested to know about all the facts that led up to a caused the fall. There may very well be a case for you to pursue, it just depends on all the facts. I'd be more than happy to go over the matter in more detail with you.
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Q: Can someone be charged for theft of a stolen item, even if that person does not have, nor has ever been seen with item?

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Answered on Oct 6, 2017

Yes. It is not necessary for that person to currently possess the item in order to have stolen it. That person could have stolen the item and subsequently resold or otherwise disposed of it. Thus, it is possible to be charged with theft even if the defendant does not “have” the item.
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Q: I had an attorney that I was consulting who without my knowledge was sending my bills to my father with descriptions.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Kansas on
Answered on Oct 4, 2017

May sue him for breach of trust detrimental to your interest. Consult your Attorney of local jurisdiction for his legal misconduct.
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Q: Can I take legal action against my best friend? Money was deposited into his account for me now he won't give it to me.

1 Answer | Asked in Contracts, Family Law and Civil Rights for Kansas on
Answered on Sep 30, 2017

As you claimed to have deposited your money into his account. Was this deposit electronically or manually by a Deposit slip? In both the cases, you should have certain proof of your depositing into his account (understandably you did not maintain your account anywhere???) under TRUST repeat Trust and he dishonestly refused to return it back on demand.

Do you have witness(es) to hand him over your money and his refusal to pay it back? Handle with care your evidence and contact your...
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Q: My daughter's mother has not paid child support in 10 months.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Kansas on
Answered on Sep 29, 2017

How old is child? Did she agree to share maintenance? You may sue her for shared maintenance...
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Q: My husband opened and used a credit card account in my name, without my consent. What can I do?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on
Answered on Sep 26, 2017

Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.
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Q: Can a house or car from an estate be used if it hasn't been settled with the beneficiaries yet

1 Answer | Asked in Estate Planning for Kansas on
Answered on Sep 25, 2017

After a fiduciary (executor if there is a will or administrator if there is no will) has been appointed to handle the estate, the fiduciary will need to safeguard the assets while the estate is being administered. Some assets may be sold, and others may be held for eventual distribution. With a house, there might be practical reasons why having it occupied might be better than leaving it vacant. Reasons to have a house occupied might, for example, include security, keeping the grounds...
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Q: We are selling our home in Kansas to buyers being assisted by a relocation company. They had the inspection done on

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Sep 20, 2017

A typical residential real estate transaction in Kansas is structured to provide an limited time for an opportunity for an inspection to be conducted after the agreement is signed. Typically, there is also a procedure that allows the buyer to request repairs to address issues found. The seller may agree to the requested repairs, in which case the agreement becomes fully binding. If the seller refuses to make all of the requested repairs and the buyer and seller cannot reach a compromise, then...
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Q: I own a small share of KS office building. I retired & what my share of the value. What can I do with no agreement?

1 Answer | Asked in Business Law for Kansas on
Answered on Sep 20, 2017

If you directly own an interest in the building (your name is on the deed), there is a process called partition in which you file a lawsuit asking the judge to “partition” the property. If it is not possible to “partition” the property into seaprate, discrete parts, as would likely be the case with an office building, then the judge can order an appraisal of the property and the property is offered to the parties for the value determined. If no one wanted to purchase the building for...
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Q: can a court appearance for Misdemeanor B (susp lic.-CA State) in Kansas driving be done by phone or paid for?

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on
Answered on Sep 18, 2017

The driver, or an attorney on her behalf, will need to appear in court. Find a lawyer in the county where this occurred or nearby.
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Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within the natural zone of expansion for the trademarked clothing. If you own the trademark in question, you should consider taking action to stop the outright copying of the logo. An intellectual property litigator...
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Q: I got into a car accident 4.5 months ago. How long after the accident do the cops have to ticket me?

2 Answers | Asked in Car Accidents and Traffic Tickets for Kansas on
Answered on Sep 16, 2017

technically, the charges can come through quite a while after an event, but practically, if you don't get a ticket within a day or two, or at most a week, you are not likely going to get one. From the facts you mentioned, it doesn't sound like you should get any ticket in any case.
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Q: Should I file for bankruptcy before or after getting an apartment?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Sep 15, 2017

Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.
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Q: If property is deeded in my husband's name, will that ownership pass to me upon his death?

1 Answer | Asked in Estate Planning for Kansas on
Answered on Sep 5, 2017

There are two parts to the question. The first being the nature of the interest that was transferred to your husband. If your husband holds his interest as a tenant in common, then his interest in the property would pass subject to his will if one exists, or the laws of intestacy, subject to your rights as a spouse. If your husband is a joint tenant with right of survivorship, then his interest in the property would lapse at his death, and the surviving of the siblings would be the sole owners...
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Q: My 4 children's father recently passed away. His current wife says their is no will but he showed it to me beforehand.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Answered on Sep 5, 2017

If you or your children know who the attorney was that drafted the will, you could reach out to that attorney and ask for the original or a copy. If the original is not found, one of your children could ask the court to probate the lost will, if its contents are known. There is a presumption that a lost will was revoked or destroyed by the decedent intentionally, but that presumption may be overcome by affirmative evidence to the contrary.

In Kansas, the heirs at law are the children...
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Q: If my parents deed a house to me, I cash out refinance to pay them, do we pay gift taxes or they pay Cap. Gains Tax?

1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Kansas on
Answered on Sep 1, 2017

If your parents transfer the house to you, you take out a loan and pay to them a part of the fair market value of the property, the difference between the fair market value and your payment is a "gift." Your parents' gift does not create a taxable event for you. Your parents may have to file an informational gift tax return, depending upon the amount of the gift. If the amount of the gift a parent makes to a child is less than the annual exclusion ($14,000 for 2017), no informational gift tax...
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Q: how can i find out about my dads estate

1 Answer | Asked in Family Law and Probate for Kansas on
Answered on Sep 1, 2017

My condolences for your loss. If a probate case has been filed, the Clerk of the District Court in the county in which he resided can provide the file contents to you. As an heir at law, you should have received notice of any probate estate that has been filed in the district court. If there is a will, the person in possession of the will has an obligation to file the will with the court within six months of the date of death (and you should receive notice of that filing as well). As an heir at...
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Q: I need help on how to get my mother'ss property.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Kansas on
Answered on Sep 1, 2017

You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file a petition to probate her estate. If no will exists, your mother's estate would pass under the laws of intestacy and would pass to you and any siblings you may have, or to the heirs at law of any predeceased...
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