Lawyers, Answer Questions  & Get Points Log In
Kansas Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: Needing to find out what steps are necessary to remove a person from a house deed. Brother has kids living rent free.

House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate

Scott C. Stockwell
Scott C. Stockwell answered on Sep 9, 2020

If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: What is the laws for using scientific data for commercial purposes? And re write it

I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Sep 8, 2020

The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... Read more »

1 Answer | Asked in Probate for Kansas on
Q: I gave a lawyer $1500 to probate my mothers estate. It’s been 2 mo and he has not filed any paperwork. Is this normal?

He refused to return my emails or phone calls. He finally called after a nasty email I sent. I want to fire him but I will probably lose $500 and two months.

Doug Coe
Doug Coe answered on Sep 2, 2020

In Kansas, the process can take some time. That said, if two months have passed since he was supposed to file documents, and if he still hasn't after your recent phone call, you might be wise to at least touch base with another attorney. If the first one didn't do any work, you... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: Can a member of a church be sued for an accident or injury that occurs on church property

Our church is trying to determine what kinds of incorporation and insurance we need

Tyler Young
Tyler Young answered on Sep 1, 2020

Yes. There are any number of situations where individuals and the church might have liability for an injury that occurs on church property. Cases of sexual assault are a classic example. Some churches were found labile for some sex assault cases where the churches knowingly placed predators in... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: Do I contact his lawyer or wait as I just recently was m

My parents divorced and they still were in contact. My stepdad told my mother he was still keeping the trust for my son for after he passed away to make sure my son was supported. It's been about two weeks since he past. Am I suppose to call lawyer to find out. He lived in greece and passed in... Read more »

Doug Coe
Doug Coe answered on Aug 24, 2020

Reaching out to the lawyer would be a great starting point. I'd encourage you to do that!

1 Answer | Asked in Traffic Tickets and Municipal Law for Kansas on
Q: Is there a difference between spilling a load on a city street versus on a highway
Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Kansas attorney could answer best, but your post remains open for two weeks. One possibility is that if the highway is federal, jurisdiction over a spill could involve higher levels of government response. It could also depend on what is spilled, as between something like gravel versus a... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My husband had me sign away my rights to his house when we married. I have now lived in this house with him for 18 years

Do I have any rights to the home?

Scott C. Stockwell
Scott C. Stockwell answered on Aug 10, 2020

It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: What is an 'Ext Std Check'? It was listed at .075

We were pulled over for drivers side break light being out. Pulled into the gas station and my boyfriend was given a sobriety test which he passed with flying colors. Then they gave him the breathalyzer and he blew a, .097, and was taken to jail. He had quit drinking hours before we left. So it was... Read more »

Brian Leininger
Brian Leininger answered on Aug 3, 2020

The Intoxilyzer 9000 breath test machine has a gas canister attached to it. The gas in the canister is certified to test at .08. The external standard check is when the machine tests the gas to attempt to make sure the machine is working properly. If it tests the gas anywhere from .075 to .085... Read more »

1 Answer | Asked in Bankruptcy for Kansas on
Q: All of my income is nontaxable and was wondering what the rules are for that. I am getting VA and SSDI.

I am 100% Unemployable by the VA.

Timothy Denison
Timothy Denison answered on Aug 1, 2020

You still have to list it in your schedules.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Kansas on
Q: Forgot license at home and got pulled over, I can’t find my license anywhere.. the officer told me I have a court date

And to show proof of license but on my ticket it just says to pay my ticket And doesn’t state that I need to be in court and doesn’t have a date either, there is only a date to pay .. what does this mean?

Peter A. Michael
Peter A. Michael answered on Jul 29, 2020

Hard to answer without knowing exactly what ticket the officer issued you. My assumption is that you were issued a failure to exhibit licences summons. This ticket is payable and does not require a court appearance. Although if you hire an attorney, they'll maybe be able to reduce the fines on... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Am I Legally bound to pay the invoice received from County for emergency services used by my Father in law?

My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 26, 2020

It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Kansas on
Q: Can an entire book be entered as evidence in court?

I know that civil procedure limits the number of words in complaints, but if I basically wrote an entire book, 70,000 words, as a witness statement, can this be introduced as evidence in a court of law?

Tim Akpinar
Tim Akpinar answered on Jul 26, 2020

A Kansas criminal appeals attorney could answer best, but your question remains open for two weeks. In civil court, either original jurisdiction or on appeal, a judge with a busy docket is not going to have patience for something like that. Good luck

Tim Akpinar

1 Answer | Asked in Family Law for Kansas on
Q: How can I get legal aid for my mother while she's. still in hospital since July 2 to handle her financial affairs???

I want handle my mother's financial affairs like paying rent & utilities

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g.,... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My husband and his friend are selling a rental property. They had this property since 2001. We got married Oct 2018.

Title company wants my signature as well. We live in Kansas. Am I required to sign even though I never had anything to do with the property?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: 5 1/2 arm will adjust August 1, 2020. 6 month libor, 1st day- WSJ + 2.25 margin, 1% cap. What is new rate?

Mortgage company says new rate will be 3.125, but 6-month libor has been under .5 for several months. Am I correct and if so what can I do about this? My rate adjusts every 6 months.

Scott C. Stockwell
Scott C. Stockwell answered on Jul 20, 2020

The adjustable rate should be ascertainable using the formula stated in the promissory note. The current 6-month LIBOR rate appears to be under 0.34%.

Some typical determinants of an adjustable-rate mortgage calculation are: (1) the specific date from which the 6-month LIBOR is drawn; (B)...
Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: Uninsured but accident clearly not my fault
David Adams
David Adams answered on Jul 19, 2020

You may be limited in claiming pain and suffering damages if you were uninsured, but there are a number of exceptions. Even in a worse case scenario, you can still claim medical expenses (past and future) as well as lost wages (past and future).

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.