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Kansas Questions & Answers
1 Answer | Asked in Contracts for Kansas on
Q: Can you cancel a sale the day before you were supposed to close?
Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

A Kansas attorney could advise best, but your question remains open for three weeks. However, any attorney would need to see the contract before offering meaningful input. Here are a few general points to consider - If you had a valid and enforceable contract, failing to close could constitute... Read more »

1 Answer | Asked in Animal / Dog Law for Kansas on
Q: My ex stole my two kittens, what legal action can I take?

My ex, which I still reside with took off with my two kittens and dropped them off somewhere. I want to take legal action against him for whatever I can. He had no right nor permission. And did not say a word to me when he took them. I realized about an hour after he left when I called for them.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 8, 2020

Call the police and see if they will help. If not you’ll have to sue him.

1 Answer | Asked in Estate Planning for Kansas on
Q: Can I sell a car titled in the name of the a trust if my brother and I (only beneficiaries) are both in agreement to sel

My parents are both deceased. The trustee has done nothing for six months and now refuses to handle the trust. What are my options? My brother lives out of state and thinks that now he can just start sending off to access money from the IRA, investment account, and life insurance that are... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

The starting point is to read the trust document to see how one goes about removing and replacing a non-performing trustee. I recommend that you hire an trust administration attorney or trust litigation attorney to help you with this.

1 Answer | Asked in Trademark for Kansas on
Q: I am creating the new tag line Client Focused. Results Driven. I found a trademark. Can I use it as I have written?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check... Read more »

1 Answer | Asked in Probate for Kansas on
Q: K.S.A. 59-1507b - Small Estates Affidavit was filed with Leavenworth, KS Probate court. But something is missing. What?

There was no will so we filed the form, K.S.A. 59-1507b - Small Estates Affidavit, to get Administration rights to close fathers accounts and affairs. We never heard anything from the courts and they won't tells us anything either on the phone or in person. All the court clerks indicate is... Read more »

Doug Coe
Doug Coe answered on Jul 3, 2020

Generally speaking, there's no need to actually "file" the Small Estate Affidavit. It can be shown directly to the bank or other institution, and they transfer the assets pursuant to the affidavit. On the other hand, if probate administration is needed due the nature of the estate,... Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: No license or insurance. No police were called. Backed into someone. They took my information. What happens now?
Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

A Kansas attorney could advise you best, but your post remains open for three weeks. As a general matter, no one can really say what happens next. It's in the hands of the person whose car you hit. If you were insured and the damages were substantial or there were injuries, I'd say place... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: My boss fired me on payday and did not pay me for the last 3 weeks I worked. What can I do?

I have most of my recent stubs and wittnedss.

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... Read more »

2 Answers | Asked in Real Estate Law for Kansas on
Q: Two days before closing the seller says she won't sell to us unless we pay her 500 dollars aside. Can she do that?

She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00

Vincent Gallo
Vincent Gallo answered on Jun 25, 2020

The contract controls your rights and obligations. Perhaps the broker should offer to pay it?

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1 Answer | Asked in Contracts, Consumer Law and Real Estate Law for Kansas on
Q: live in apt comp & haven’t had a lease for a year. Got notice that my rent will increase by $75 w/o one Can they?

My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Is suspicion of drug use enough to legally be terminated?

I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!

Rhiannon Herbert
Rhiannon Herbert answered on Jun 17, 2020

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... Read more »

1 Answer | Asked in Car Accidents and Criminal Law for Kansas on
Q: What is the penalty for having a 6 point racing harness installed in a daily driven street car?
Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

A Kansas attorney could advise best, but your question remains open for two weeks. Additionally, this is not a safety issue that most traffic ticket or car accident attorneys deal with on a regular basis. It's performance gear and other than the usual federal transportation regs, state vehicle... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Statue of limitations on probate?

Mother posted away 2 1/2 years ago, youngest brother and family took care of her in last months of her life. The lived in house taking care of her, and still do.

Do not know if there is Will?

Doug Coe
Doug Coe answered on Jun 15, 2020

Assuming title is still in Mom's name, and assuming there wasn't a transfer on death deed recorded prior to her passing, and assuming you're trying to figure out how to transfer title to the house, it looks like you will need to go through at least some amount of probate. There may... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My brother died in February & left behind no estate and no will; can I ignore any collection agency letters?
Scott C. Stockwell
Scott C. Stockwell answered on Jun 5, 2020

In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kansas on
Q: I've been divorced a few years. My ex-husband refuses to remove my name from the mortgage.

Our divorce decree did not specify my removal. I contacted the mortgage company and they said he will have to initiate my removal. We live in Kansas. Do I have any options?

Anthony M. Avery
Anthony M. Avery answered on May 21, 2020

If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.

2 Answers | Asked in Immigration Law, Constitutional Law and Gov & Administrative Law for Kansas on
Q: What type of application I need to submit to get my citizenship?

We immigrated to the USA and then my family got their citizenships after 5 years, but at that time I was under 18 and I wasn’t able to get mine, according to the lawyer who filed my parent’s citizenship application. But I got a US passport using my parent’s citizenship. Now I’m 23 and I... Read more »

Amanda B Cook
Amanda B Cook answered on May 19, 2020

That doesn't make any sense. You were likely included on your parents' application and are a citizen, but just mistaken. You should file a FOIA request to find out what's really going on, through a lawyer.

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2 Answers | Asked in Estate Planning for Kansas on
Q: My Mother was a resident of Wichita, Kansas but passed away in Oklahoma. Would I need to create the estate in KS or OK

She left no living will, she had no bank account, she left me as the beneficiary of her insurance. She did not get to finish the rest of preparing.

Nina Whitehurst
Nina Whitehurst answered on May 19, 2020

You file the probate in the state in which the decedent was domiciled, which sounds like Kansas in your mother's case. that is a fair question because it is not uncommon for a person to die "out of town" (such as in a hospital in a neighboring state). Just because they happen to be... Read more »

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1 Answer | Asked in Business Law for Kansas on
Q: what rule or law is being enforced?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

Something is missing from your question. It may have inadvertently gotten left off when uploading. You could try posting again. Good luck

Tim Akpinar

1 Answer | Asked in Probate for Kansas on
Q: My father suddenly passed away. My sister is sole beneficiary but there was no will. Am I entitled to half?
Doug Coe
Doug Coe answered on Apr 27, 2020

There are a number of variables. Generally, if the asset is passing by way of a beneficiary designation, the beneficiary designation will control. If the assets have to pass by way of a probate proceeding when there is no Will they pass pursuant to the default rules in Kansas. In that situation,... Read more »

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... Read more »

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1 Answer | Asked in Mergers & Acquisitions and Immigration Law for Kansas on
Q: Is there any legal way I can start and run my business as an F1 Student in the US?
Adan Vega
Adan Vega answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans to start and operate a business venture while on the F-1 status.

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