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Kansas Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Kansas on
Q: Unpaid commission.

I negotiated a new contract for my commission and it was effective immediately last month. The commission is paid this month. In the contract is states I will be paid gross parts and labor sales, however, I have only been paid gross profit on parts and labor. The contract states paid parts and... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2021

This issue sounds like a difference of interpretation in the language between you and your employer. You should contact a Kansas employment attorney to take a look at the specific language in your agreement.

1 Answer | Asked in Contracts and Personal Injury for Kansas on
Q: A client borrowed funds against their case and now have a lien. Client wants to pay lien himself instead of having atty

A client borrowed funds against their case and now have a lien. Client wants to pay lien himself instead of having attorney reimburse the lien to the case funding company because he believes if he pays the lien himself he can get a tax benefit since some of the lien is made up of funds he borrowed... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. This is really a question for your attorney because they probably have the contract entered into for the loan, and are familiar with state codes of professional conduct & ethics. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Kansas on
Q: Turning across lane and hit in rear who at fault?

If a car is turning S and is stopped in the W bound lane is crossing a turn lane going E is hit in the rear who at fault?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2021

A Kansas attorney could advise best, but your question remains open for two weeks. As a GENERAL rule nationwide, the vehicle hitting the other in the rear bears the brunt of liability, but this is a very general response. Since liability could be governed by state-specific vehicle and traffic laws... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: Im a joint tenat and the other tenat sold real estate property with out my permission !! What can I do
Anthony M. Avery
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answered on Sep 28, 2021

You will need to search the title first. Assuming you own an interest, you are probably now a tenant in common with another. Depending on what you and your attorney decide, you may need to file actions for Quiet Title, Ejectment or even a Partition. And someone will have to pay taxes, note... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: Mom has been using a driveway for 40 years new neighbor survey his 100 acres and is blocking her driveway. Adverse poss?
Anthony M. Avery
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answered on Sep 27, 2021

Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.

1 Answer | Asked in Real Estate Law for Kansas on
Q: Me amd brother are listed on my deceased mother's home .can he sell without my consent?

Can he sell with out my consent?

Anthony M. Avery
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answered on Sep 15, 2021

You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.

1 Answer | Asked in Estate Planning for Kansas on
Q: In the state of Kansas, is it legal for me to hand write my own will with two witnesses to my signature?
Doug Coe
Doug Coe
answered on Sep 14, 2021

As a general matter, it is not a requirement to have a will typed, and there is no requirement that the will be typed by someone other than yourself. However, there are a LOT of other variables to consider. As a probate and estate planning attorney, I've seen countless messes that not only... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: What if my sibling left a Will and died will my assets follow the will or go to her daughter who my sibling left nothing
Doug Coe
Doug Coe
answered on Sep 3, 2021

In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: I am 73 y/o, divorced for 27 years, grown son and daughter. I do not own the house I live in, have no stocks or bonds,

No savings or retirement. Are there advantages to my having a living Will? (Also, no life insurance)

Nina Whitehurst
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answered on Sep 1, 2021

"Living will" is another name for Advance Directive for Health Care, which is a document that sets forth your values with respect to end of life care. There is definitely value in having one regardless of your age or net worth.

You might have meant to refer to a Will aka Last...
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1 Answer | Asked in Libel & Slander for Kansas on
Q: Defamation of Character.

I am retired from a ice machine Co. I was told by a former colleague that someone in dispatch was telling customers that requested me to work on their equipment that I was fired. I had not received any termination letter. I had received a retirement card signed by fellow workers and a gift card.... View More

David Adams
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David Adams
answered on Aug 30, 2021

Probably more facts are needed before a good answer can be given. How many times has this been said to customers? Are they saying anything more specific about you, and being fired? What else are they saying about you? Has this affected your good name in the community where you live? Has it... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin
answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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2 Answers | Asked in Estate Planning and Real Estate Law for Kansas on
Q: What is a grantor? Are they financially responsible for the borrower's debt? Will it void a previous will?

My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... View More

Doug Coe
Doug Coe
answered on Aug 13, 2021

It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... View More

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1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: Our business was destroyed in the Leeds Plant fire on Tuesday. What kind of attorney do we need? Please help?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2021

A Kansas attorney could advise best, but your post remains open for three weeks. If you had insurance coverage on your operations and are dealing with issues such as lost or damaged equipment, inventory, etc., you probably want an attorney familiar with property & casualty insurance losses.... View More

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... View More

2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 16, 2021

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a...
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1 Answer | Asked in Probate for Kansas on
Q: can a person with no legal standing contact and hire the probate lawyer?
Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property
Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who...
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1 Answer | Asked in Contracts for Kansas on
Q: Selling Kansas home. Expired mineral rights lease delaying close. Need extension. Can I ask for appraised value?

My realtor is not willing to share details on who did buyers appraisal so I could seek info, buyers have refused to let me access that knowledge from their appraiser. Frustrated but want to pursue only what is legal to learn. Before I sign extension on their closing date.

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

There is not enough information to provide meaningful guidance to you. You should consult with an attorney, sharing your agreement, communications about the delay, and possible defaults (such as failure to close).

1 Answer | Asked in Real Estate Law and Civil Rights for Kansas on
Q: My x boyfriend is wanting to get reimburse for the down payment he gave me for our house

He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.

Your "x" provided some money for the downpayment and made one mortgage payment. How much...
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