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Kansas Questions & Answers

1 Answer | Asked in Criminal Law for Kansas on

Q: I was arrested for DUI and my car was impounded when I called to check my car was released to someone else

What do I do now

Bruce Alexander Minnick answered on Jun 17, 2019

Find out who the police allowed to pick up your car and get it from them.

1 Answer | Asked in Business Formation and Immigration Law for Kansas on

Q: Can I sue a business for being ran illegally by an illegal immigrant

Ran a beauty pageant that over charges people for “fees” no contracts all non taxed money he pulls in .

Kevin L Dixler answered on Jun 14, 2019

How will you prove that this person is unlawfully present? A person’s ethnicity is no indication as to whether the person possesses lawful permanent resident status. A lawful permanent resident is not required to learn English, but it certainly helps a business if the owner speaks more than... Read more »

1 Answer | Asked in Criminal Law for Kansas on

Q: if a warrant is issued and what was on the warrant was not seized it was another vehicle can they still charge me

Bruce Alexander Minnick answered on Jun 12, 2019

If a law enforcement officer is exercising a valid warrant and happens to find some other stuff related to any crime they are investigating they can arrest you and whoever else involved--for a different crime.

1 Answer | Asked in Contracts for Kansas on

Q: Does new ownership of an asst living facility have to honor prepaid rent?

My mother lives in an assisted living facility and is paid through the end of the year. A new corporation just purchased the facility and they are saying they have no record of the payments. Obviously we have proof of payment but they say we have to go after the old company for a refund and we... Read more »

Scott C. Stockwell answered on Jun 10, 2019

Assisted living facilities are regulated in the state of Kansas. https://www.kdads.ks.gov/docs/default-source/General-Provider-Pages/provider-statutes-and-regulations/ksa-and-kar-for-adult-care-homes/assisted-living---residential-health-care-facilities.pdf?sfvrsn=9c9706ee_2 . One of the first... Read more »

1 Answer | Asked in Probate for Kansas on

Q: Does tenancy in common require probate in KS?

My ex husband died in 2016 with no will, leaving a home that I believed to be titled as joint tenancy, but which I've learned is worded as tenancy in common. I've lived in, paid all taxes on, maintained and improved the home by myself for the last 28 years since we divorced, and wish to remain in... Read more »

Ben F Meek III answered on Jun 8, 2019

You might start by reviewing your divorce decree. If the property division gave you sole ownership of the house (subject to any mortgages, etc.) but the decree wasn’t recorded in the land records, all you may need to do is record it to be the sole owner (or you may have to sue to quiet title).... Read more »

1 Answer | Asked in Consumer Law and Land Use & Zoning for Kansas on

Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being able to... Read more »

Scott C. Stockwell answered on Jun 4, 2019

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... Read more »

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on

Q: Can a single member LLC have a board of directors? if so does the state have to be notified?

Scott C. Stockwell answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC could... Read more »

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

Q: My grandmother passed away two months ago. She had a will but we cannot find a copy, nor can we track down the attorney

What is our next step? We have tried phone, email & every social media option to find the attorney.

Scott C. Stockwell answered on Jun 4, 2019

You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... Read more »

1 Answer | Asked in Civil Litigation and Probate for Kansas on

Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account

I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state

Scott C. Stockwell answered on Jun 4, 2019

The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain assets... Read more »

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

Q: I live in Missouri and am under a one year contract, is the property manager allowed to install sound monitors?

The landlord/property manager has added an additional property manager without verbal, or written notice. The new manager has verbally told me that he will be the new manager. He is installing sound monitors in hallways and wants to enter mine to install one, without written request. They also are... Read more »

Bruce Alexander Minnick answered on May 17, 2019

I am not licensed to practice in Missouri; nor do I represent your landlord of their property managers. However, unless there is some real demonstrable reason for the landlord or property managers to want to "install sound monitors in hallways" of the tenants' apartments I would strongly advise... Read more »

1 Answer | Asked in Contracts and Civil Rights for Kansas on

Q: What does sections 441. 020 - 441. 040 mean?

I had a notice of terminating possession posted on my door

Bruce Alexander Minnick answered on May 16, 2019

They are citations to Kansas statutes being used to do something.

1 Answer | Asked in Securities Law for Kansas on

Q: Hello, I am curious About an Armed Security Officer Position.

Can you Legally have your badge and an open carry weapon when your off duty still? I know some companies are different. But id like to know the legality of it.

Deanna Besbekos-LaPage Esq. answered on May 15, 2019

This is not a a securities law question. I would re-categorize your question to obtain an answer.

1 Answer | Asked in Real Estate Law for Kansas on

Q: In residential real estate closings in Kansas, it is not allowed to provide the seller a physical check at closing...

My mom is acting as her own agent at her house closing. On the authorization to issue funds form, she was given three options: receive a check at closing, send a check later by UPS/USPS, or get the funds wired to her bank account. She chose to receive a check at closing, only to then be told that... Read more »

Scott C. Stockwell answered on May 14, 2019

The normal course of a real estate transaction involving an escrow agent is for the deed and buyer’s funds to enter escrow (with all executed documents) and for the deed to be filed and for the escrow agent (title company, typically) to confirm that no documents have been filed since preliminary... Read more »

2 Answers | Asked in Contracts for Kansas on

Q: We leased a gas station the gas margin dropped we can not pay the rent to landlord what shall we do

Bruce Alexander Minnick answered on May 13, 2019

Unless the landlord guaranteed that the gas margin would not drop you must continue to pay the rent or the landlord will eventually declare you in default, evict you and possibly seek damages.

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1 Answer | Asked in Bankruptcy for Kansas on

Q: Can my creditors contact me after I file bankruptcy and they received notice that I did

One of my creditors tried to contact me just now

Timothy Denison answered on May 11, 2019

No. They may not contact you.

2 Answers | Asked in Health Care Law and Tax Law for Kansas on

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

15 k to IRS and 8k to is. HELP! I am 65 with no savings. I work full time.

D. Mathew Blackburn answered on May 1, 2019

You likely received a subsidy and then had income that exceeded the allowable amount under the subsidy.

Go to irs.gov and pull forms 9465, 433F, and 433D. Fill them out and mail them in and mail the first two payments, the third should be auto debited from your account.

Or hire a...
Read more »

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1 Answer | Asked in Car Accidents and Criminal Law for Kansas on

Q: Accident do to being tased how can go about sueing or charging the person who tased me for cost of damages

Peter N. Munsing answered on May 1, 2019

Start by contacting a member of the Ks.Assn for Justice in the county where it happened. If it was law enforcement, contact the KsCivil Liberties Union, ask for the names of "cooperating attorneys" in your area--they usually give free consults.

2 Answers | Asked in Car Accidents and Criminal Law for Kansas on

Q: Accident do to being tased how can go about sueing or charging the person who tased me for cost of damages

Gary Kollin answered on Apr 30, 2019

You contact a personal injury lawyer

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1 Answer | Asked in Bankruptcy for Kansas on

Q: How do I add defendant to complaint in adversary proceeding in KS?

Timothy Denison answered on Apr 27, 2019

Move for leave to amend your complaint stating what this defendant did and your claims against him and have a summons issued for him.

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on

Q: Can I lock a commercial tennaant out for non-payment

Bruce Alexander Minnick answered on Apr 25, 2019

What does the commercial lease say about slow payments or non-payments? If the lease says yes, then do it.

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