Kansas Questions & Answers

Q: Would this be copyright infringement?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Answered on Apr 9, 2019
Griffin Klema's answer
You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a well recognized (famous) source identifier, and using that alone or together with the slogan is probably going to raise the ire of Nike's attorneys. I recommend considering other themes if you can't get...

Q: No credit needed loan, can it be included in Chapter 7 As well as can I protect my only car?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Apr 5, 2019
Bruce Alexander Minnick's answer
If you are considering bankruptcy without first contacting a lawyer to advise you of all other non-bankruptcy options IMPO you are making a huge mistake.

Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Answered on Apr 1, 2019
Peter D. Mlynek's answer
You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you from using it.

As a matter of fact, the opposite is true -- if you have been using that phrase before someone else did, you may be preventing them from registering that phrase. You are in a good...

Q: I need help finding some case laws on the acknowledgment of paternity where it is inadmissible in court

1 Answer | Asked in Contracts for Kansas on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
I often advice people seeking free legal work that they should try Google--which may or may not give correct advice.

Q: I am 22 and in F1 visa .I had my first dui with 0.126.i am confused btwn trial and diversion cnsdrng my h1 n green card

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Apr 1, 2019
Brian Leininger's answer
Whenever there is an immigration issue involved it is a big deal. A lawyer cannot advise you as to what the best course of action is in you case until she or he looks at all of the evidence. I have handled DUI cases for dozens of immigrants over the years and I can tell that immigration issues are always complex and you will need to get advice from an immigration lawyer as well.

Q: can the courts put out a warrant and charge someone just by the one who was arrested stating that it was my son

1 Answer | Asked in Criminal Law for Kansas on
Answered on Mar 31, 2019
Gary Kollin's answer
I think you must re-read your question with more details. I am not able to understand what you were asking.

Q: Can I file a motion to compel arbitration after the plaintiff has sent a request for discovery? Re: debt collection

1 Answer | Asked in Arbitration / Mediation Law and Collections for Kansas on
Answered on Mar 29, 2019
Thomas A. Grossman's answer
Probably. But you will probably need to coordinate the timing with the Court. You also must be in a Court that allows you to compel an arbitration hearing, or have a contract that has an arbitration clause in it.. Since I don't know what documents are involved (e.g. is there a contract with an arbitration clause in it). That's the best I can do.

Q: An adult family member who is disabled and on public assistance has not filed taxes in over five years. Problem?

1 Answer | Asked in Tax Law for Kansas on
Answered on Mar 27, 2019
Bruce Alexander Minnick's answer
Just because someone claims to have no income that does not mean they do not have to file a tax return. In this bizarre situation, it is very doubtful that a disabled mother of three who has not had a job for several years will have to pay any income tax. However, since she was married (and apparently still is), she may have filed a (joint?) tax return many years ago--before she stopped working--which if so, means the IRS may have noticed the absence of returns filed by her. Because the IRS can...

Q: I signed up for ACA health insurance when I was unemployed, early in 2018. Then I landed a job with insurance. Now I owe

1 Answer | Asked in Tax Law for Kansas on
Answered on Mar 25, 2019
Linda Simmons Campbell's answer
I advise you to contact a good tax attorney to discuss your options. Stay away from the places you see advertised on TV. There is not really any help we can offer online.

Q: Can an administrator of an estate make monetary decisions with out notifying the beneficiaries

1 Answer | Asked in Probate for Kansas on
Answered on Mar 18, 2019
Scott C. Stockwell's answer
An administrator is subject to the oversight of a probate judge. If the estate is one of "simplified administration", there is less supervision required than under normal administration. All administrators have a fiduciary responsibility to act in the best interest of the estate, its creditors, and the beneficiaries. If an administrator is acting in an interested manner or favoring one heir, creditor, or a third party over those persons or the estate to whom a fiduciary duty is owed, the...

Q: Do we have to go through probate court or can we get a decree of descent?

1 Answer | Asked in Probate for Kansas on
Answered on Mar 18, 2019
Scott C. Stockwell's answer
Depending upon the size or value of the estate, the potential claims against the estate, and the agreement among the possible heirs, there are several options availiable to the heirs at law. Simplified adminstration allows for minimizing the oversight of the court and is generally available if the case does not require complex administration beyond the experience of the administrator, there are adquate assets to pay potential claims, and there is an agreement between the heirs. If no probate...

Q: I'm going to prepare a will and have a question concerning inheritance tax on my home.

1 Answer | Asked in Estate Planning for Kansas on
Answered on Mar 18, 2019
Scott C. Stockwell's answer
You are planning on writing a will. A will is a document that--in Kansas at least--is given no legal effect until it is probated in a court after the person who wrote the will (the “testator”) has passed away. When you pass, and the will is filed with the court and determined to be valid, the terms of the will will control who receives the asset or the proceeds from the sale of the asset. Making a transfer to an adult child while the owner is still living causes the house to be transferred...

Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Answered on Mar 18, 2019
Griffin Klema's answer
This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or registered before 1978, then any copyright is most likely expired. If it was not published or registered before 1978, then a copyright may still be alive and well. If you really need to know, hire an IP lawyer...

Q: How can I use the Kansas simplified estates act for my mom's estate? I am an only child and she was divorced.

1 Answer | Asked in Probate for Kansas on
Answered on Mar 9, 2019
Scott C. Stockwell's answer
Simplified estates probate procedure is designed to assist people with circumstances similar to yours. One or several heir(s)/beneficiary(ies)/legatee(s)/devisee(s) whose interests and relationships are in alignment; fixed assets (as opposed to an ongoing business), the amount of assets, the solvency of the estate, and the probable costs of administration. Depending upon circumstances, there may be other options for handling the estate (such as determination of descent, for example) that you...

Q: My 14 year old son and his friend were ticketed for trespassing, do I need a lawyer?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Mar 4, 2019
Gary Kollin's answer
Why would you need a lawyer?

Q: Can a dui diversion affect immigration status(green card holder) it's 1st offense.

1 Answer | Asked in DUI / DWI and Immigration Law for Kansas on
Answered on Feb 28, 2019
Deron Edward Smallcomb's answer
It will likely affect your ability to become a citizen for at least five years, but it is unlikely they will try to take your green card.

Q: 4 days ago i was hit head on by a drunk driver

2 Answers | Asked in Car Accidents and Personal Injury for Kansas on
Answered on Feb 24, 2019
David Adams' answer
Best to go through your own insurance first for property damage, if you have the coverage. If not, the other side's insurance may or may not move very quickly to get you taken care of, and may or may not get you a rental. How clear the liability by the other driver will play some part in how quickly they work with you. If there are injuries, your own car insurance will cover the first $4,500.00 of your medical expenses, and future costs, etc. will be covered by the other driver's insurance...

Q: I am currently in bankruptcy in kansas can any one take my federal taxes

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Feb 17, 2019
Timothy Denison's answer
The trustee can depending on whether you protected you refund with an e emotion. Consult your lawyer or a competent bankruptcy attorney in your area.0

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.

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.