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Kansas Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Personal Injury and Native American Law for Kansas on
Q: I am looking for a lawyer who works with federal cases. Pertaining Administrative law on trust land.

OSHA violation

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2020

From your post, it appears you are looking for a lawyer and you have been waiting two weeks for a response. But this is not a law firm or lawyer referral service. It is only a Question and Answer board, for brief answers to general legal questions. You could conduct independent searches on your own... View More

2 Answers | Asked in Probate for Kansas on
Q: My father passed two years ago. My sisters have not sold his house and I am entitled to 1/3. 1 sister lives in it.

The trustee (other sister) expects me to pay 1/3 of taxes, insurance and repairs out of my share. How do I get the house sold and make sure I don’t pay for the sister to live rent free at my expense??

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2020

The best solution in these situations is for the sister in possession to buy out the shares of the other two co-owners. If she refuses, or if you simply can't reach agreement on a price, then you can hire an attorney to file a lawsuit to force the sale of the house and the three of you will... View More

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1 Answer | Asked in Personal Injury for Kansas on
Q: I was passenger of bad wreck and get no compensation while driver does...
David Adams
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David Adams
answered on Oct 16, 2020

Passenger has a clearer claim for damages than a driver - and should be compensated fully for damages. There is potential for recovery from both the driver and the other driver (2 sources) - depending on the facts of the accident

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?

Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $

Scott C. Stockwell
Scott C. Stockwell
answered on Oct 14, 2020

Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.

A will controls the...
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1 Answer | Asked in Estate Planning for Kansas on
Q: I have a notarized trust document, in my name, but never filed. A legal description of my house is part of the doc.

I want to file the trust. What do I need to do to get it done.

Scott C. Stockwell
Scott C. Stockwell
answered on Oct 14, 2020

If you are referring to a revocable living trust, the trust document itself is not typically filed with the Register of Deeds. The trust also does is not normally filed with the court as well.

If your house is to be transferred to you as a trustee of the trust, such a transfer would be...
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1 Answer | Asked in Car Accidents and Insurance Defense for Kansas on
Q: Yes I was in an accident about 2 weeks ago..well the other drivers insurance company is denying my claim even though

I have police report stating that he was at fault he even admitted it was his fault we both had the same story about what happened and he was parked on side of street we’re he was not suppose to be parking.well after police report was made he suddenly came up with a witness coming up with a... View More

David Adams
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David Adams
answered on Oct 13, 2020

It's not clear if this is an injury situation or just property damage, and the severity in either case. There is a two year statute of limitations in either case. If just property damage, and not much dollar damage, then small claims court might be the way to go (if < $4k). If an injury... View More

2 Answers | Asked in Probate for Kansas on
Q: How do I obtain an affidavit of one and the same for a deceased person?

My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of... View More

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

Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the... View More

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1 Answer | Asked in Immigration Law for Kansas on
Q: Can we get married now and then apply for citizenship for him later on because it's so expensive?

My fiance is here on daca and I'm an American citizen. We would like to get married before we have our baby but didn't know if we would have to pay for his citizenship right away once we're married or if we can wait until we have the extra funds to do so.

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 7, 2020

You will need to first file an Alien Relative Petition for your husband. Once that is approved he will apply for an immigrant visa on line through the NVC and apply for an I-601A Waiver with the USCIS. Once the waiver is approved he will need to go to his home c ountry for one or two weeks to... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Kansas on
Q: home was foreclosed on and sold for more than the final balance, are we owed the excess money?

Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: I am being evicted for not paying my rent in kansas. My hours were cut a lot so I signed the declaration thingy but stil

I'm still being evicted even the judge said. I see all over the internet no one can be evicted how am I still being evicted??

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to speak to an attorney about this. It's not as simple as "the landlord can't evict me." There are a number of nuisances to the current executive orders, and an attorney should be able to help your specific situation. Kansas Legal Services may be able to help, too.

1 Answer | Asked in Probate for Kansas on
Q: Husband passed. I'm his wife and executioner of will. Sister put property that us co-owned by both in probate.

I married my husband on the 17th and he passed on the 19th. He had a will and left everything to me. Him and his sister were co-owners of property. She has put it all in probate. What can I do about this?

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly recommend you talk to a lawyer about this. There are a number of additional details that will effect the outcome. However, if he and his sister jointly owned the property where she had the rights of survivorship, those assets are likely going to be hers. She would not need to go... View More

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

My grandparents passed away a couple years ago. They had 11 children. All said and done, they all split everything 11 ways and walked away with around $100k each. My mother recently passed unexpectedly. She did not spend any of the money from my grandparents. Is that money now her spouses (my... View More

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would strongly recommend you talk to you in attorney about this. There are a number of variables that will affect the outcome. If she passed away without a Will and as a resident of Kansas, and if the assets did not have beneficiary designations on them at the time of her passing, they will pass... View More

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kansas on
Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?

I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet?... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Is there a Kansas Statute that protects elders from excess medical treatment and over-treatment of medications?

Is there a Kansas Statute that protects patients from the "statute of limitation" clock when a doctor covers up his or her mistakes in order for the statute of limitations to run out?If so, could you provide some cases?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL premise, what you describe is the extension of a statute of limitations of a case based on the doctrine of discovery when concealment or other forms of fraud are involved. Since your post remains open... View More

1 Answer | Asked in Constitutional Law for Kansas on
Q: what does it mean to “affirm with like effect”?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the passage could arise in the context of having conscientious scruples against taking an oath, but a Kansas attorney should advise on exactly what it could mean in your particular situation.... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: In Kansas is it possible to acquire a house "subject to" existing financing?

In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 19, 2020

Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 19, 2020

Unless a will is located, the laws of intestacy would control who inherits from a deceased parent. A court proceeding would be required to complete a transfer of ownership of the real estate. If there is a spouse, the spouse receives a share of the estate (based upon the number of years married... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Do i need a lawyer to transfer my dad's name to my name? He has a home in his name. I've never owned a home before.
Scott C. Stockwell
Scott C. Stockwell
answered on Sep 18, 2020

There are several issues that could arise if your dad were to transfer his home to you. You would want to ensure that the transfer was completed correctly. If your dad is a recipient or possible future recipient of Medicaid assistance, the transfer could cause him to be ineligible for Medicaid... View More

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... View 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... View 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... View More

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