Lawyers, Answer Questions  & Get Points Log In
Kansas Questions & Answers
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 »

1 Answer | Asked in Probate for Kansas on
Q: K.S.A. 59-1507b - Small Estates Affidavit was filed with Leavenworth, KS Probate court. But something is missing. What?

There was no will so we filed the form, K.S.A. 59-1507b - Small Estates Affidavit, to get Administration rights to close fathers accounts and affairs. We never heard anything from the courts and they won't tells us anything either on the phone or in person. All the court clerks indicate is... Read more »

Doug Coe
Doug Coe answered on Jul 3, 2020

Generally speaking, there's no need to actually "file" the Small Estate Affidavit. It can be shown directly to the bank or other institution, and they transfer the assets pursuant to the affidavit. On the other hand, if probate administration is needed due the nature of the estate,... Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: No license or insurance. No police were called. Backed into someone. They took my information. What happens now?
Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

A Kansas attorney could advise you best, but your post remains open for three weeks. As a general matter, no one can really say what happens next. It's in the hands of the person whose car you hit. If you were insured and the damages were substantial or there were injuries, I'd say place... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: My boss fired me on payday and did not pay me for the last 3 weeks I worked. What can I do?

I have most of my recent stubs and wittnedss.

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... Read more »

2 Answers | Asked in Real Estate Law for Kansas on
Q: Two days before closing the seller says she won't sell to us unless we pay her 500 dollars aside. Can she do that?

She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00

Vincent Gallo
Vincent Gallo answered on Jun 25, 2020

The contract controls your rights and obligations. Perhaps the broker should offer to pay it?

View More Answers

1 Answer | Asked in Contracts, Consumer Law and Real Estate Law for Kansas on
Q: live in apt comp & haven’t had a lease for a year. Got notice that my rent will increase by $75 w/o one Can they?

My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Is suspicion of drug use enough to legally be terminated?

I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!

Rhiannon Herbert
Rhiannon Herbert answered on Jun 17, 2020

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... Read more »

1 Answer | Asked in Car Accidents and Criminal Law for Kansas on
Q: What is the penalty for having a 6 point racing harness installed in a daily driven street car?
Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

A Kansas attorney could advise best, but your question remains open for two weeks. Additionally, this is not a safety issue that most traffic ticket or car accident attorneys deal with on a regular basis. It's performance gear and other than the usual federal transportation regs, state vehicle... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Statue of limitations on probate?

Mother posted away 2 1/2 years ago, youngest brother and family took care of her in last months of her life. The lived in house taking care of her, and still do.

Do not know if there is Will?

Doug Coe
Doug Coe answered on Jun 15, 2020

Assuming title is still in Mom's name, and assuming there wasn't a transfer on death deed recorded prior to her passing, and assuming you're trying to figure out how to transfer title to the house, it looks like you will need to go through at least some amount of probate. There may... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My brother died in February & left behind no estate and no will; can I ignore any collection agency letters?
Scott C. Stockwell
Scott C. Stockwell answered on Jun 5, 2020

In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kansas on
Q: I've been divorced a few years. My ex-husband refuses to remove my name from the mortgage.

Our divorce decree did not specify my removal. I contacted the mortgage company and they said he will have to initiate my removal. We live in Kansas. Do I have any options?

Anthony M. Avery
Anthony M. Avery answered on May 21, 2020

If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.

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.