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answered on Sep 3, 2024
Kansas law provides a process for a joint owner of real or personal property to file a petition for such property to be partitioned among the owners. K.S.A. 60-1003. Any owner may file a petition identifying the property and alleging the ownership interests of the parties. The court initially... View More 
Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More
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answered on May 15, 2024
Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:
1. Capital gains exclusion: If you owned and lived in the home as your primary residence... View More
Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.
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answered on Mar 14, 2024
I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:
Tribal Sovereignty: Native American tribes are considered... View More
My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More
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answered on Mar 4, 2024
Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More
in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More
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answered on Feb 22, 2024
It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More
My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
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answered on Feb 22, 2024
First, it's important to gather all relevant documents related to your deceased mother's property, including her will, death certificate, and any other legal documents. Review these documents carefully to understand your mother's wishes regarding the property and to confirm your... View More
My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
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answered on Feb 20, 2024
There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.
But you can contact an attorney in your area yourself... View More
but was unable to by the specified date. Dec 5 the new owner filed in small claims court asking for repossession of a home that they hadn't owned before Oct. Citing Kansas Landlord act and asking for rent and damages, pay their docket fee. How can the new owner act as if they are my landlord?... View More
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answered on Jan 8, 2024
In Kansas, when a house is sold at auction for delinquent property taxes, the new owner legally acquires the title to the property. From that point on, the new owner has certain rights over the property, including the right to possession. This is likely why the new owner is acting in a manner... View More
I have a neighbor's tree that overhangs onto my property, including my storage shed and power line, and poses a risk to my house. The neighbor has refused to address the tree removal. A tree professional expressed concerns that removing the overhanging portion might destabilize what remains on... View More
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answered on Jun 12, 2025
You’re generally allowed to trim branches and roots that cross onto your property, but that right comes with a responsibility to avoid causing unnecessary harm to the neighbor’s tree. If a professional has warned that removing the overhanging portion could destabilize the entire tree, that... View More
I live in an apartment complex that tested for radon six months ago but never disclosed the test results or levels. Recently, the management informed us they are installing "radiation units" in the storage closets of every apartment without any explanation. When I asked them what a... View More
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answered on Jun 12, 2025
You have a right to know the results of the radon test that was conducted in your apartment complex, as radon levels are considered a health concern. Under Kansas law, landlords are required to disclose radon test results to tenants if the test was performed on the premises. Since six months have... View More
I left my vehicle on my brother's property, and without letting me know, he moved it onto the road where it was subsequently towed. I didn't have any agreement with him about this, and I'm only finding out now. What can I do in this situation?
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answered on Jun 11, 2025
Since your brother moved your vehicle without your consent, you can start by talking to him directly to understand why he moved it and to ask for help retrieving it or covering towing fees.
If the vehicle was parked legally on his property but moved onto the road and towed, the towing... View More
I have two emotional support animals that are documented with a licensed ESA letter. On my rental application, I stated that I had one cat, but my lease agreement does not specify the number of pets—just what was agreed upon with the landlord. After signing, we were informed that only one pet was... View More
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answered on Jun 11, 2025
Your landlord can’t enforce a one‐pet limit against your emotional support animals once you’ve provided valid ESA documentation for both. Under the federal Fair Housing Act and Kansas law, housing providers must grant reasonable accommodations—even if their pet policy says “one pet... View More
I was arrested in a criminal case in Kansas that was later dismissed. After the case was dismissed, I got my money back and my cell phone was returned, but my vehicle was not returned to me by the police. I also have another vehicle taken by the same police department under circumstances that I... View More
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answered on Jun 10, 2025
You’ve been through a lot, and it’s understandable to feel overwhelmed when trying to fight for both your property and your parental rights. Since your criminal case was dismissed and you were not convicted, you have every right to request the return of any property taken by law enforcement.... View More
I came home from work to find that my landlord changed the locks on my apartment without any notice. I am not behind on rent and was planning to pay today. There was no prior communication or written notice about lock changes or eviction. What should I do in this situation?
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answered on Jun 3, 2025
You have a right to peaceful possession of your apartment and a landlord cannot legally lock you out without following eviction procedures. This is likely a wrongful lockout under state law, and you can begin by documenting what happened with photos and notes.
Try reaching out to your... View More
My mom passed away without a will, leaving behind six adult children and no spouse. The only property in her estate is a house located in Kansas, valued at approximately $42,000. One of my siblings wants to buy this property, and all siblings are in agreement. No legal process has been initiated... View More
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answered on Jun 1, 2025
You're doing the right thing by asking now, before any legal missteps are made. Since your mother passed away without a will, her estate must go through Kansas probate court to legally transfer ownership of the house. Because all heirs are in agreement and the estate is modest, you may qualify... View More
I own a house that is suffering water damage due to runoff from my neighbor's property. Despite discussing the issue with my neighbor, who rents, and making efforts to fix her downspouts and clean her gutters, the problem persists. I've had several companies provide estimates for repairs... View More
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answered on May 15, 2025
You're dealing with a frustrating and costly situation, and it’s understandable to want answers and support. When water runoff from a neighbor’s property causes damage to your home, most states—including yours—follow a version of the “reasonable use” rule. This means a property... View More
I live in a low-income apartment where the funding was pulled, and the apartments are being condemned. The office claims I owe about $5,000 for not recertifying, even though I have an appointment letter for the recertification and an office employee remembers me completing it. When I requested a... View More
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answered on May 15, 2025
If you haven’t received anything in writing about the \$5,000 debt, the first thing you should do is request formal documentation. Ask for a detailed, written explanation of the charges, including the date the debt was supposedly incurred and why it's being claimed. You have the right to... View More
I informed my apartment manager that if his cat attacks me, I will defend myself, and the cat may be injured or killed. Shortly before this conversation, the cat attacked another tenant, and I have two witnesses who can verify both the attack and my conversation with the manager. The lease... View More
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answered on May 14, 2025
That sounds like a frustrating and unfair situation, especially since you were trying to express concern for your safety, not make a threat. From what you’ve described, your words were conditional and defensive—you didn’t say you would harm the cat unprovoked, but that you would protect... View More
I have an existing pasture fence with my neighbor that has been in place for at least 20 years, and it has been used as the boundary for our cattle pastures without any disputes. My neighbor now suggests moving the fence 2 feet onto my property based on old records and Google satellite images, but... View More
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answered on May 12, 2025
Yes by acquiescence. But you will have to have KS attorney to file suit to declare such a boundary.
In September 2024, my vehicle was towed without my knowledge by the Kansas City Police Department. At the time, I was homeless and without communication, so I only became aware of this in January 2025. By the end of January, my vehicle, which was registered in my name, was sold to someone in... View More
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answered on Apr 16, 2025
It’s upsetting to lose your car without any warning, and you do have legal rights to challenge the tow and sale.
Under Missouri law (or Kansas law if this was Kansas City, Kansas), police or their tow contractors must mail you a written notice before selling your vehicle for unpaid... View More
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