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Kansas Questions & Answers
1 Answer | Asked in Products Liability, Business Law and Small Claims for Kansas on
Q: Are there any cases where someone got flex seal in there hair and sued the company and won there case
Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. Until you're able to discuss recent case law decisions from Kansas courts with a local attorney, it sounds like it could be a difficult basis for a case. With adhesives and sealants, it's a given that they... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.

Do I legally have to pay it when I did not creat the debt

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 20, 2022

In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can an out of state relative named in will as the executer of a deceased from Kansas file for a letter of testamentary?
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 11, 2022

Yes. K.S.A. 59-1706 permits an out-of-state fiduciary to be appointed. The fiduciary must appoint a resident agent who resides in the county where the case is located.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

I know where I am confused, due to this is my 1st offense.

I don't know if I'm still on P&P... Nor when I can start procedures to get expungement

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kansas on
Q: i recently quit a job and im afraid they are going to hold my check because they are trying to accuse me of stealing...

money from them but have absolutely no proof.

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

The Kansas Department of Labor enforces wage and hour laws in Kansas. Generally speaking, an employer cannot withhold wages for a purpose other than tax, Social Security, and Medicare withholdings or a garnishment pursuant to a court-ordered judgment without an agreement with the employee.... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Kansas on
Q: Can an 'adminstratively dissolved' non profit continue to make and enforce contracts?

Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.

Matthew Morris
Matthew Morris
answered on Jul 24, 2022

A short answer is "no and yes."

Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the...
Read more »

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: Can a company say yes we can do that then when they get there change the terms?

My mother wanted to buy her oxygen concentrator out right her doctor's office called companies for her one company said they could do it but when they got to her house they wanted her to rent it for a year and then she could buy it. there were other companies who could do it out right they... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2022

A Kansas attorney could advise best, but your question remains open for four weeks. It sounds like you're making a case for something along the lines of misrepresentation. But in these settings, the other side could argue that there was a misunderstanding as to what was said, or what was... Read more »

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: If I refuse continued treatment at a php facility and I’m currently in residential, am I responsible for expenses

I’m on a single case agreement and I do not want to continue php care. I worry that that covered expenses so far will be my responsibility of and when I choose to leave against clinical recommendation.

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. But it would be difficult for any attorney to offer meaningful guidance here. The answer to your question could depend on your insurance carrier, your policy or plan, terms of the PHP facility, and other possible... Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: If a vehicle is insured but. The person driving it wasn't insured by the insured company, is the insurance co. Libel ks
David Adams
PREMIUM
David Adams
answered on Jul 12, 2022

As a general rule, yes, the insurance company for the car will cover the negligent acts of the driver (even if that driver is uninsured otherwise). The only exception might be if the vehicle was taken without permission, or if the driver was known to be such a poor driver that the owner should have... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Education Law for Kansas on
Q: Can I sue my University? I have a degree from this university, they are blocking my from applying for their jobs.

I earned a degree from my local university. I have not been able to get a job in my field and now after applying for 100+ jobs on their website over the last 15 years, their application portal will mysteriously not let me apply for anymore and nobody can figure out why. Can I sue them for... Read more »

Timothy Denison
Timothy Denison
answered on Jul 1, 2022

You’re going to need some in depth research and data to prove that the degree is worthless or that the university is blocking your efforts to find a job. May be a tough row to hoe.

4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
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Michael Ray Smith
answered on Jun 9, 2022

Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.

When you ask if you need to "trademark" your brand name and logo, what you are really...
Read more »

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1 Answer | Asked in Employment Law for Kansas on
Q: Should I recieve my salary while not working for 6 to 8 weeks due to sickness. I am a salary exempt employee.

I have had open heart surgery which has me out of work for 6 to 8 weeks. I have completed FMLA forms. Being a salary exempt employee should I continue to recieve my salary and benefits. I have exhausted all personal time, vacation and sick leave as well. Employer is trying to treat me as an hourly... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

1 Answer | Asked in Bankruptcy for Kansas on
Q: I'm in a chapter 13 BK. I want to sell my home to pay it off. Can a Trustee stop this, if so why?

I have been made an offer on my home, enough to pay off the mortgage and other BK expenses.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 31, 2022

To sell your primary asset, you will need to amend your Plan. Post-confirmation modifications are permitted, but proposed modified plans are subject to objections to discharge. The Trustee may object, but that would depend upon the details of your modified plan. If the Trustee, or any creditor,... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Kansas on
Q: I was pulled over for speeding and ended up with possession of controlled substance. Can the evidence be suppressed.

The officer never addressed the initial reason for the traffic stop. I believe he was on a "fishing expedition "and went beyond the scope of the initial reason for the stop. He questioned me in his car until I felt I had no choice, but to consent because of the things that were said. He... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

You should immediately hire a criminal defense attorney licensed in the State of Missouri to investigate your search and seizure issues as well as build your defense to the criminal charges. Good luck.

1 Answer | Asked in Car Accidents for Kansas on
Q: I have question on how to interpret a police report for a car accident
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

Your post does not ask the question you are seeking an answer----my suggestion is that you contact an accident/injury lawyer and meet with him to discuss your questions. Most accident/injury lawyers do not charge for an initial consult---I am know my firm does not----so take them up on it and meet... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I have taken care of this man for 3 years & I rent one of his houses. He went & signed a notorized affadavit stating I

Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 29, 2022

I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a home that belong to my grandparents who died I've been living in a home for over 15 years and now I need to a

title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 23, 2022

Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.

1 Answer | Asked in Immigration Law for Kansas on
Q: Is there way to change k1 visa to marrge visa in middle of it?

I been work on k1 visa start back in Aug of 2020. After been put on hold and month of wait. We have decide to get marry this Aug 2022. Which I think well void the K-1 visa if I get marry out of usa even if it approve. We have only got to step 3. Is there any step I can take so I don't have to... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Apr 18, 2022

That seems unwise, but it depends upon your situation and relationship.

If you get married, then you will 'significantly delay processing' and be separated even longer. It is best for your fiance to come into the U.S. as a K1 fiance, so that you can both get to know each other...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: How much it cost to get an idea in auto mobile field and also for a mobile app idea.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

A patent typically costs about $20k to $40K

1 Answer | Asked in Estate Planning for Kansas on
Q: How do I get conservatorship of my adult daughter to fix black mold issue in her house

Black mold is under the shower base and she can not go downstairs in her own house because it is hazardous. Conservatorship refuses to clean up the mold issue and leak.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 6, 2022

Call the health department and report the situation. They might have the clout to force a clean up.

Be careful what you ask for, though. Can your daughter afford the cost of clean up? Maybe she would be better off selling to someone who can afford clean up and move to a better...
Read more »

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