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Kansas Questions & Answers
1 Answer | Asked in Estate Planning for Kansas on
Q: How should we title our cars with husband's & wife's name: with OR or AND?

Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

From the Kansas Department of Revenue Motor Vehicles Department website:

In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:...
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1 Answer | Asked in Criminal Law for Kansas on
Q: I got pulled over for traffic violation searched my car found drugs I was arrested cause I locked keys in my car the

And they said they were searching it anyways is that legal

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

There's not really enough information to give you any real advice. However generally a traffic stop by itself does not allow an officer to search your vehicle unless he sees, hears, smells something that rises to probable cause. If you had something in plain view, that's enough. Otherwise... View More

2 Answers | Asked in Divorce, Immigration Law and Tax Law for Kansas on
Q: Am I legally allowed to give up my green card in the middle of a divorce?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 28, 2022

You need to speak to a lawyer ASAP. You would need to put more details to explain more clearly however, IF you already have your green card and you are getting a divorce there is no law that says you have to "give it up" as you say.

IF you are in the process of getting the green...
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1 Answer | Asked in Immigration Law for Kansas on
Q: If i just recently passed my citizenship interview can I travel outside of the US with my residency card?
Agnes Jury
Agnes Jury
answered on Feb 26, 2022

Yes. You are not a citizen until you take the Oath. So as long as you still have your residency card you can travel subject to the usual requirements of re-admission to the US. Best wishes!

1 Answer | Asked in Probate for Kansas on
Q: My late boyfriend gave me a letter that said “last will and testament” before he committed suicide is this a legal doc?
Nina Whitehurst
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answered on Feb 23, 2022

I am so sorry for your loss. That is absolutely tragic.

I hate to be the bearer of more bad news, but it is not possible to answer your question without seeing the will. Every state has requirements for the proper execution of wills, typically requiring two witnesses. However, usually...
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1 Answer | Asked in Probate for Kansas on
Q: My dad recently passed away. Do we have to Apply for probate and appoint an executor if we can all agree on stuff
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Kansas on
Q: If a home in Kansas has a TOD deed, how long will the beneficiary need to wait to sell the home?
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: If a person passes before they receive their share of an inheritance, where does the money go.

My mom was executor of her aunts estate. She passed in 2000 and left $30,000 to be divided 3 ways. It took a long time for everything to be settled. In the meantime my mom put the money in cd's. My mom is 86 now and just remembered the money was still there. In the meantime, one of the ladies... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a person is appointed as executor of an estate, that person is answerable to the judge or court who appointed her or him. If a beneficiary of a probate estate predeceases the distribution, the court would most likely refer to the provisions of the will. If the will did not provide some... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and International Law for Kansas on
Q: I married a British woman while she was living in the US. We got pregnant and decided to have the child in England since

It was free. Since then we have split. While visiting she refused to allow my child to go to the embassy to get a USA social security number. She refuses to come back to the US for a divorce because she doesn’t want to go through a custody hearing. What can I do to get joint custody and get... View More

David Luther Woodward
David Luther Woodward
answered on Feb 10, 2022

You can probably sue her in the U. K.

Filing suit here would require you to have personal service of process on the spouse, which is not impossible, but tricky.

BTW, the child probably is a dual citizen, and that is a prileged status. He should not only a British but also an...
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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a debt with First Midwest Bank. I now live on SSi only. It is a hardship for me to make this payment. What happen

What happens if I stop paying them. Will they take my SSI

David Adams
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David Adams
answered on Feb 2, 2022

No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and... View More

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1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for Kansas on
Q: I signed a contract to sell inherited land once probate was done and land put in my name, would it go to an estate acct?

My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... View More

Nina Whitehurst
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answered on Jan 26, 2022

Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.

Or, the property can be sold by the estate while still in the estate, in which case the sale...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... View More

2 Answers | Asked in Contracts for Kansas on
Q: daughter needs to get out of her lease and away from an abusive person.. what kind of paperwork must we provide kansas
Scott C. Stockwell
Scott C. Stockwell
answered on Dec 11, 2021

Kansas has an online portal where your daughter may go and apply for a protection from abuse order. If her internet use might be monitored by the abuser, she should call 911. If she is able to safely access the internet, the Kansas Protection Portal is at https://www.kspop.org/. She can enter the... View More

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1 Answer | Asked in Business Formation and Business Law for Kansas on
Q: Hello, I am wanting to start a small business, but I am 16 and do not know the legal specifications to meet.
Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Persons who are under the age of eighteen are not empowered by law to make their own agreements or obligations. The rule, generally speaking, is for the benefit of the minor, so that the minor is not committed to some obligation not in her or his benefit.

Before you turn eighteen, your...
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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If a DD was done but was not done for a case not yet heard in probate does that mean that the case will be dismissed

My brother passed they did a DD in his probate I filed a petition for probate for our mothers property which now they say will be dismissed because of the DD on my brothers estate… he was not a owner of her property she was the sole owner…

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

It is not unusual that the estates of multiple people relate to one another. There is not enough information in your inquiry to explain why the determination of descent for your brother's estate would eliminate the need for probate of your mother's estate. If you are trying to handle your... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: My sister passed away a few months ago and we are needing to set up a estate. I found a form online but need help.

Hello, thank you for taking the time to hopefully answer my questions. My sister passed away a few months ago and we are working to wrap up a few things. She has some benefits, paychecks, 401k etc. from her job and they are saying that we need to set up a small estate. She lived and passed in... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

There are several options for small estates, depending upon the size of the estate and the type of assets involved. You should be able to find legal counsel who will provide a free consultation to determine your options and identify the cost. If there are sufficient assets in the estate, you... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: I had someone too be a POA and and they took a lot of things out of our house but is there anything that I can do. Shor

Shortly after we wrote her POA she took items out of our house and land that did belong to her Our neighbors stated that they saw them taking it items out of the house and putting them in a box moving van. And it was revoked in May I have found out that my car and some property was sold and she... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

If you believe property was stolen, you might start with a police report. The police have resources you cannot match to deal with possible theft and its investigation.

Financial attorneys-in-fact have an obligation to provide a financial accounting, and you, with assistance from legal...
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1 Answer | Asked in Elder Law and Landlord - Tenant for Kansas on
Q: I rent my home, my 25 year-old lives w/me (he is on the lease). I want him removed from the lease. What are my options?

There are times when I'm in fear of my safety. also, my 73 year-old mother lives with me and he is verbally abusive to us both. i just would like to know what my options are?

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Kansas has a protection from abuse process "to provide quick and immediate protection." The Kansas Judicial system has created a one-stop portal website. But if you think your website viewing is being monitored or checked by the person from whom you do not feel safe, you should call 911... View More

1 Answer | Asked in Bankruptcy for Kansas on
Q: Can file for chapter 13 two years after I had a chapter 7 discharged 2 years?

Got some medical bills sense chapter 7 and payday loans when I was out of work I'd like to pay back at a manageable plan. I am back to work now and have a steady income but wasn't sure if chapter 13 was an option within 2 years or not.

*Added*

I understand I cannot get a... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 19, 2021

You can not obtain a discharge this soon. The Statute provides in your situation the with holding of a discharge in a Chapter 13 if you have a discharge within 4 years under Chapter 7

1 Answer | Asked in DUI / DWI for Kansas on
Q: DWI and DUI? Are they the same.

I have a first offense DUI in kansas and im trying to get my TDI adjusters license in TX. I’m currently on a diversion program to get it off my record. It states you can exclude first offense DWI. Would that be the same as DUI?

Brian Leininger
Brian Leininger
answered on Nov 18, 2021

Yes, they are the same. Different jurisdictions just have slightly different names for the same thing. I've even seen them call OUI or OMVI.

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