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Kansas Questions & Answers

1 Answer | Asked in Business Law for Kansas on

Q: I own a welding shop in KS. Made repairs to a horse trailer, wasn't paid. How can I sell the trailer to pay for the bill

I have possession of the trailer. Owner paid part of the bill but has not made any contact for over 9 months. The Horse trailer is registered in Oklahoma but owner lives in Kansas. Was told can't do Mechanic Lien since I an a welding shop, not a mechanic. I don't know if a Quiet Title fits what I... Read more »

Scott C. Stockwell answered on Aug 19, 2019

Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods, personal... Read more »

1 Answer | Asked in Business Law for Kansas on

Q: If you are doing business only as an LLC, does it make sense to have E&O for yourself as an individual?

I do contract computer programming and (since 2018) do this as a single member LLC. I am careful to do business only as the LLC.

When I renewed my E&O insurance last year I switched to the name of the LLC. Late in the process I asked if this would also cover me personally, in the event that... Read more »

Scott C. Stockwell answered on Aug 19, 2019

Your question is about the extent of coverage of an E&O insurance policy. The extent of the coverage would be affected by the specific terms of the insurance policy. Rather than rely upon a blanket statement, you may want to have an attorney review your specific policy to answer the question. As... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on

Q: In Kansas is it a crime to interfere with a 911 emergency call

Bruce Alexander Minnick answered on Aug 13, 2019

I have no idea--but I am willing to guess: yes.

1 Answer | Asked in Estate Planning and Probate for Kansas on

Q: If minor child dies & child is benificiary of irrevocable trust, established 10 yrs earlier, What happens to the trust?

The child was 14. Trust grantor was great grandfather of minor. Child had no will. Irrevocable trust consisted of cash and stock portfolio, over $80,000.

Nina Whitehurst answered on Aug 5, 2019

The answer very much depends on the wording of the trust. Take it to an estate planning attorney for review.

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on

Q: If you are out on bail does that mean you can't get an attorney appointed if you can't afford one?

Not KANSAS. ARKANSAS.

Bruce Alexander Minnick answered on Aug 2, 2019

No. Call your local public defender and try to convince them that you cannot afford to hire a criminal defense lawyer.

1 Answer | Asked in Criminal Law for Kansas on

Q: I am the victim in an assault case by my ex boyfriend. Can I co sign his bond?

Bruce Alexander Minnick answered on Jul 31, 2019

Oh my. Why would you want to do that? If he skips town you end up paying bigtime. And he will have a tail that he cannot shake too.

1 Answer | Asked in DUI / DWI for Kansas on

Q: Could my interlock requirement be met if I pay for device for 2 years and never drive for 2 years? Family embarrassed

Or similar idea?

Brian Leininger answered on Jul 29, 2019

The law requires you to have the IID for two years and you should definitely do that. Your license will not be cleared until you do. There is no requirement to drive the car. The IID company will require you to being the car in once a month or so they can verify it is installed and working, but... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on

Q: Chraged with a class e resinting arrest prosecutor is offing sis probation there were no moving violations tickets issue

Chrage with class e resinting arrest Jackson county Missouri there were no moving violations tickets issued only felony charge prosecutor is offing sis probation will accepting this plea suspend my cdl on an administrative level even if there was no mention by the courts to suspend my cdl

Gary Kollin answered on Jul 27, 2019

Please be fair. Proofread, correct spelling and write in single sentences.

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on

Q: Will I have to testify against my boyfriend, he's in jail for 4 battery charges

He's been to prison prior of me for domestic

Bruce Alexander Minnick answered on Jul 22, 2019

If you were the complainant then the answer is yes.

1 Answer | Asked in Personal Injury for Kansas on

Q: I was hit by a train. Can I sue?

On Memorial Day this year I was hit by a train on accident. I was totally off the tracks & was swept back into the train by the wind force of the train coming by. The conductor didn't even stop. I sustained major injuries & spent 2 weeks at KU Medical.

Tim Akpinar answered on Jul 20, 2019

If you are contemplating bringing a lawsuit, consult with an attorney in Kansas immediately. Because you are dealing with a railroad injury, it is possible there could be notice of claim issues that arise in most jurisdictions when the defendant is a municipality or public carrier. That means the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on

Q: Is a TOD on property still good if one of my siblings passed before our mother or do we go by her Will?

My mother filed a TOD on her property after my father passed in 1990. One of my siblings passed away 10 years ago this September. The title company that filed the TOD did not put anything in it about rights of survivorship when they did the TOD for my mother. She had her Will updated after my... Read more »

Scott C. Stockwell answered on Jul 20, 2019

Your mother prepared and filed a transfer on death (TOD) deed after your father passed in 1990. In or about 2009, your sibling (implied to be a beneficiary of TOD deed), passed away. After your sibling's passing, your mother wrote an updated "will" that was notarized.

A transfer on death...
Read more »

2 Answers | Asked in Bankruptcy for Kansas on

Q: I have court today for aid in execution. Would it be best to file bankruptcy? Will it stop this?

David Adams answered on Jul 19, 2019

A bankruptcy filing would stop the need for a hearing in aid of execution. The bankruptcy attorney would be able to notify the other side of the filing, and keep any further action from occurring whether that be garnishment, attachment, etc.

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1 Answer | Asked in Consumer Law for Kansas on

Q: I bought a lawn mower from sears a week after i got it the battery won't stay charged they came out two times to look at

It are they still obligated to fix it

Tim Akpinar answered on Jul 18, 2019

That's a very short period of time within which to experience a mechanical problem. As a reputable company, Sears would probably want to work with you toward resolving a problem that materialized so soon after purchase. Ask if they have the means to elevate the issue to a higher level of tech... Read more »

1 Answer | Asked in Probate for Kansas on

Q: Can a wife recoup funeral costs from her husband’s probated estate?

Husband died intestate, and owned property outside of the marriage. His estate went into probate. The wife paid for the funeral, but then just filed a claim against the estate to be reimbursed. Is that legal?

Scott C. Stockwell answered on Jul 17, 2019

In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.

The spouse also has rights to request a share of the estate under different statutes, including spousal allowance,...
Read more »

1 Answer | Asked in Probate for Kansas on

Q: I was warded Guardianship/Conservatory for my 89 year old grandmother who recently passed away on May 3rd 2019.

I had done a quit claim deed prior to her passing on her house she owned. I am now trying to sell the home and Title company says I need Permission from the court to sell. Can I do an small estate affidavit less than $40,000 for the title of her home?

Scott C. Stockwell answered on Jul 17, 2019

A small estates affidavit is for certain items of tangible and intangible personal property. A house and the land it occupies would be real property. The appointment of an administrator (no will) or executor (will) is necessary to effectuate a transfer of a decedent's real property. If there is no... Read more »

1 Answer | Asked in Tax Law for Kansas on

Q: Mistake on my check that was already taxed and then they want to give me another taxed check to make up for it is this

My HR made a mistake on my check i should not of had child support taking from it now he wants to give me another check for the difference that check will be taxed also is this legal if i already been taxed on gross pay for that pay period

Bruce Alexander Minnick answered on Jul 16, 2019

This is a public forum where experienced lawyers donate their valuable time to answer real legal questions about important matters of general interest to the public. All questions asked are not going to be answered; some are way too complicated to answer online, while others are not answered... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Kansas on

Q: will a superseding incitement expunge an initial indictment?

Bruce Alexander Minnick answered on Jul 9, 2019

In most states a superseding indictment of the same person usually includes all previous crimes stated in the original indictment plus all the new crimes set forth in the superseding indictment. However, the prosecutor is not bound by or confined to anything while drawing up any kind of indictment.

1 Answer | Asked in Bankruptcy for Kansas on

Q: Ch. 13 BK petition filed 6/04 Sale held 6/05 Motion to Dismiss sale filed 6/21 in state court-right one? no

Foreclosure created predatory lending 4 mo. after oil discovered on farm.

Timothy Denison answered on Jul 6, 2019

What is your question?

1 Answer | Asked in Business Law, Construction Law and Contracts for Kansas on

Q: What information shall I include in a construction contract ?

What information do I need to include in my bid ?

Bruce Alexander Minnick answered on Jul 3, 2019

Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... Read more »

2 Answers | Asked in Tax Law and Estate Planning for Kansas on

Q: How do we determine the cost basis for a piece of land and what is the most tax efficient way to sell the land?

Person A purchased a tract of land in 1970. In 1979 Person A formed a Revocable Living Trust and transferred the land to the Trust. Person A was the Trustee and Beneficiary of the Trust during his lifetime. The Trust named A's three children as Successor Beneficiaries. Person A died in 1985.... Read more »

Bruce Alexander Minnick answered on Jul 2, 2019

There are several very important IRS tax questions presented here; and the several (alternative) legal answers would require the professional services of an experienced CPA and an experienced tax lawyer--working together--to spend at least 15 to 20 hours meeting with all three clients and then... Read more »

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