Kansas Questions & Answers

Q: Am I able to do an foia request for my daughter's father's alien #, in order to file for his replacement resident card?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 6, 2019
Osarumwense Iyamu's answer
Your daughter's father has the option of going to the local USCIS office to get that information or alternatively request his immigration file from USCIS based on FOIA and get the information from his immigration file. Good Luck!

Q: Bayview loan servicer not applying payments

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on
Answered on Jan 30, 2019
Timothy Denison's answer
Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

Q: Does a contract have to be notarized to be valid or can witnesses from both parties work?

1 Answer | Asked in Contracts for Kansas on
Answered on Jan 29, 2019
Timur Akpinar's answer
I do not practice in Kansas but your question remains open for four weeks. As a general matter throughout all states, contracts can be valid without notarization. In general, notarization is an added measure that more strongly confirms the identity of parties signing a contract or other document.

Tim Akpinar

Q: Me and my brother are in probate because our father died..I recently just signed a consent and waiver now what?

1 Answer | Asked in Estate Planning and Probate for Kansas on
Answered on Jan 24, 2019
Scott C. Stockwell's answer
There are several different procedures under which the probate proceeding could have been filed. You indicate you recently signed a consent and waiver and that a final settlement was filed. Any person who has an interest in the estate should keep informed about the progress the probate proceeding. Essential information about an estate includes an asset inventory and valuation that is filed with the court. The inventory and valuation would identify what assets are held by the estate and the...

Q: If there is a lien on a house, can we keep adding joint tenants, generation after generation to pass on the home?

1 Answer | Asked in Real Estate Law and Estate Planning for Kansas on
Answered on Dec 27, 2018
Scott C. Stockwell's answer
It is not unusual for a mortgage and/or a promissory note to have a provision that accelerates the debt obligation upon the transfer of an interest in the property to another person. To answer your question, you would want to know the specifics of the promissory note and mortgage in question. As a practical matter, mortgage companies do not frequently accelerate mortgages upon a transfer if the loan in being repaid on a timely basis, regardless of whether the mortgage or promissory note has...

Q: My Mother in law passed away

1 Answer | Asked in Probate and Estate Planning for Kansas on
Answered on Dec 27, 2018
Scott C. Stockwell's answer
If there is a will, it should be filed with the court within six months of the date of death. Notice will be provided to persons with a potential interest in the estate and a hearing date will be set. If no one opposes the probate of the will, it will be probated as a valid will and an executor (or administrator with the will attached) will be appointed. Creditors will have a period of four months from the filing of the petition to make claims against the estate. The spouse will have the right...

Q: If you married somne who was illegal unknowingly and left 2 days after and haven't heard or seen them in 18 years a

1 Answer | Asked in Divorce for Kansas on
Answered on Dec 26, 2018
Kevin L Dixler's answer
No one unknowingly gets married. If you were married, and the marriage was registered and/or lawful, then the state rules of law apply where the marriage took place.

All human beings are legal for marriage purposes unless they are blood related to you or already married to someone else.

If you ‘did not’ consummate the marriage, but waited too long to take action, then you may still need a divorce, not an annulment. If you marry without divorce, you may commit bigamy, which...

Q: My mom owns a home with a lien. If she makes me a joint tenant, does the lien pass on to me when she dies?

1 Answer | Asked in Real Estate Law for Kansas on
Answered on Dec 22, 2018
Vincent Gallo's answer
Yes, you will take title subject to the cloud of the lien.

Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison

1 Answer | Asked in Criminal Law for Kansas on
Answered on Nov 29, 2018
Bernard Crane's answer
If I understand your question, I think you are asking if the time you spend on probation counts against the time you might have to serve if the probation is revoked.

The answer might be different in different jurisdictions, but in any jurisdiction I am familiar with, the answer is no.

If you are sentenced to three years in prison with all of it suspended and you are put on three years probation, and you mess up and get your probation revoked on the LAST day of your three year...

Q: with regard to the recording of phone conversations, does the calling party state consent law apply to the call?

1 Answer | Asked in Communications Law for Kansas on
Answered on Nov 28, 2018
Bruce Alexander Minnick's answer
Each state has statutes controlling the issue of whether their citizens can or cannot record conversations of other people without informing the other parties; the federal rule is that recordings are legal if only one party consents. You should consult a Kansas lawyer.

Q: I took a loan on 401K and am paying it back out of check. What happens in chap 7?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Oct 19, 2018
David Adams' answer
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset to pay off the loan.

Q: I had a 3rd DUI 4 years ago in Johnson County, Kansas. Is there a statute of limitations in KS?

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Oct 17, 2018
Brian Leininger's answer
The SOL is five years. First you want to make sure you didn’t miss a court date and there is a warrant for you. You can call the JOCO Sheriff’s Office for this. I have seen DUI cases in which there was a blood or urine sample sent to the lab that have taken years to get charged. There is no good reason for this. It’s also possible you have fallen through the cracks. The best option is to wait. You don’t want to ask a bunch of questions and cause them to look.

Q: As a guest of a hotel does a person have any legal rights to stay if the hotel wants to kick them out

1 Answer | Asked in Arbitration / Mediation Law for Kansas on
Answered on Oct 8, 2018
Thomas A. Grossman's answer
My best guess is that the hotel has the right to ask you to leave, if -- in their opinion -- you are disruptive and/or an annoyance to other hotel guests. If they do ask you to leave, they must return to you any unused rental payments you have made for your stay.

Q: Can I sue a fast food company for the after effects of an order?

2 Answers | Asked in Personal Injury for Kansas on
Answered on Oct 2, 2018
Peter Munsing's answer
You may sue someone for anything but you wouldn't be awarded anything under the circumstances you have outlined, or it would be so low--what you paid--that it wouldn't be worth it.

Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Oct 2, 2018
Peter Munsing's answer
Possibly both depending on the circumstances. The gentleman should contact a member of the kansas Assn for Justice--they give free consults.

Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Sep 30, 2018
David Adams' answer
The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the injury. I'd be more than happy to discuss the matter further.

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