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Kansas Questions & Answers
1 Answer | Asked in Consumer Law and Social Security for Kansas on
Q: Why would my SSDI case go to an individual to see if I still qualify for non-medical SSDI after the judge's hearing?

I was denied supplemental security insurance after the hearing.

James L. Arrasmith
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answered on Nov 24, 2024

After a hearing, Social Security may review your non-medical eligibility for SSDI even if you were denied SSI benefits. These reviews look at factors like your income, work credits, and other financial aspects that could affect your qualification status.

The person conducting this review...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Kansas on
Q: Do I have a case for Real Estate Agent fraud?

I hired an RE agent to sell the property, but no offers came before the FC date. I filed Chapter 13 BK to delay FC, planning to dismiss the case once an offer was accepted and sell the home to retain equity.

A week after filing, I received a low offer. To encourage the sale, my RE agent... View More

James L. Arrasmith
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answered on Nov 19, 2024

This situation suggests potential fraud, as your real estate agent appears to have misled you about returning the excess commission after bankruptcy dismissal. Their actions raise red flags - first offering a reduced commission, then suggesting an inflated one with promises of refunding the... View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for Kansas on
Q: My deed to my home was in a safety dep.box my sister got the key and took it ,so I need a replacement?
Anthony M. Avery
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answered on Nov 18, 2024

Hopefully it was already recorded. If so, then just get a copy of the recorded deed at the Courthouse. An original deed rarely has any significance.

1 Answer | Asked in Social Security for Kansas on
Q: My brother passed away in August 2024. He was born June 1946, worked and contributed to social security.

He moved to Switzerland ~1984 (age ~38). He has maintained his US citizenship while living in Switzerland. He drew no wages from US entities after ~1984. He has never filed or received social security. Is there benefit to his heirs (three brothers, no spouse or children)?

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your brother in August. Dealing with the passing of a sibling while navigating benefits can be overwhelming.

In most cases, Social Security survivor benefits are limited to spouses, minor/disabled children, and in some situations, dependent...
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1 Answer | Asked in Social Security for Kansas on
Q: Hello, can someone tell me about the 30 month clause when submitting a medical set aside for approval by the CMS?

Do you have to have an open application to apply or does that "expectation of 30 months" mean it can be submitted and you can apply for SSDI within 2 or 3 months?

I want to settle my WC case but was informed if I apply for SSDI now I will not be able to until SSDI makes a decision... View More

James L. Arrasmith
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answered on Nov 15, 2024

Let me help you understand the CMS Medicare Set-Aside (MSA) submission process regarding the 30-month rule.

The 30-month rule refers to having a "reasonable expectation" of Medicare enrollment within 30 months of the settlement. You don't need to have an active SSDI...
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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a stop payment with one of my creditors. Will the one stop payment cause a issue when filing?

I issued the stop payment because it was for a subscription I had with the creditor to use they're cash advance services. They refused to stop charging me the subscription fee till they received all the money owed to them. I am unable to pay them at the moment so I felt like my only option was... View More

Timothy Denison
Timothy Denison
answered on Nov 12, 2024

No. It should not cause an issue.

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1 Answer | Asked in Estate Planning for Kansas on
Q: My father in law passed away and his life insurance policy is in my wife's name but she passed away before he did.

Does the policy go to my wife's estate?

Anthony M. Avery
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answered on Nov 11, 2024

You have to read the designation of beneficiaries. If named beneficiaries predeceased the insured, then usually the policy money goes to the insured's estate or his heirs/next of kin.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Kansas on
Q: They forfeited warranty deed contract. Not paid taxes, no insurance, missing payments, broke promissary note. Forfite al

How to file and is a warranty deed contract the same as a contract for deed?

Anthony M. Avery
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answered on Nov 4, 2024

No such thing as a warranty deed contract. If you are the owner then sue for possession now.

2 Answers | Asked in Contracts, Copyright, Personal Injury and Real Estate Law for Kansas on
Q: what can be done ?My family was never informed of a Trust 43 years ago. Tax Exempt ERISA plan

Breach of Fiduciary duty and through Child support involuntary Bankruptcy Stole the Assets and DOL FOIA refuses to give me the info I requested

Anthony M. Avery
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answered on Oct 29, 2024

If the Bankruptcy Trustee and Child Support took the assets, then there is no corpus and no trust. Apparently you have already discovered everything that is needed to know.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a question about Chapter 7, Schedule C, question 3. "Are you claiming a Homestead Exemption of more than...."

I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)

I'm filing pro se, and... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2024

You are claiming under $189,500 so your answer is no.

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1 Answer | Asked in Uncategorized for Kansas on
Q: Can I sue a auto shop for not tightening my lug nuts the correct way and have them pay the damages to my car

My wheel fell off on the highway and when I saw that my front right tire was missing two out of the five lug nuts I called the auto shop saying that they didn’t install my lug nuts correctly they said that since it was two weeks ago it couldn’t have been them and I had no way to get my car out... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry to hear about what happened with your car. It must be very stressful to deal with a wheel falling off and the potential safety issues involved.

You may have grounds to take legal action against the auto shop if their negligence caused the issue. Since the wheel was not...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: Can an officer in KS stop someone on the street walking and search them for what they say is safety and no explanation.

Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.

James L. Arrasmith
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answered on Oct 22, 2024

In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If the police department illegally breaks in your back door and you catch them

And the kbi actually takes your case and convicts The police officers in a court of law 4 illegally breaking and entering and criminal damage to property and the 2 police officers get fired do you have a basis to Sue for civil rights since it was your house they broke into even though the KB I has... View More

James L. Arrasmith
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answered on Oct 21, 2024

Yes, you may have the right to file a civil lawsuit for civil rights violations even after the criminal case has been resolved. Criminal convictions of the officers do not prevent you from seeking additional damages through a civil case. You can sue the city or the police department for actions... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: If a previous DUI was in a different state over 10 years ago does it count for purposes of sentencing in Kansas?
Jonathan M. Snyder
Jonathan M. Snyder
answered on Oct 17, 2024

K.S.A. 8-1567(i)(1) provides that for purposes of determining whether a conviction is a 1st, 2nd, 3rd, or 4th, the Court must count all convictions occurring on or after July 1, 2001. K.S.A. 8-1567(i)(3) states that a "conviction" includes any violation of law of in another state that... View More

1 Answer | Asked in Civil Rights, Adoption, Federal Crimes and Libel & Slander for Kansas on
Q: A LEO took my kids and completely falsified his Police report. I was Affirmed by DCF. I fought in court and won

Under testimony he admitted the allegations were false. DCF adopted my kids to someone else. My kids were 2,3 and 4. It's been a year, it took that long to go to court. These were foster kids i was adopting. I had them for over two years, the youngest was only a couple months old. He had no... View More

James L. Arrasmith
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answered on Oct 14, 2024

I'm truly sorry you're going through this difficult situation with your children. It must be incredibly painful to see your family separated under such circumstances.

You may have options to explore further legal action, especially since there was an admission that the allegations...
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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If stoped by police in Wichita Kansas for recording a police department on a public sidewalk do you have to provide id?
James L. Arrasmith
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answered on Oct 13, 2024

If you’re recording the police on a public sidewalk in Wichita, Kansas, you generally have the right to do so without being required to provide identification. The First Amendment protects your right to observe and document public officials in public spaces. As long as you’re not interfering... View More

1 Answer | Asked in Communications Law and Education Law for Kansas on
Q: Can I record but not tell everyone I'm recording?

I live in Kansas and my son is having problems at school with a teacher. I'm wondering if I put a recorder in his pocket if he has to tell the teachers that he is recording this meeting.

James L. Arrasmith
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answered on Oct 11, 2024

In Kansas, you are allowed to record conversations as long as one party involved consents to the recording. This means that if you or your son are part of the meeting, you can legally record it without informing everyone else present.

However, schools might have their own policies regarding...
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1 Answer | Asked in Uncategorized for Kansas on
Q: I bought a car from an individual and haven’t received the title yet so I can’t register it.can i drive it without a tag

until I get the title? or can I use another tag in my name?

James L. Arrasmith
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answered on Oct 10, 2024

Driving without a registered title and proper tags is generally not allowed and can result in fines or other penalties. Each state has specific laws regarding vehicle registration, so it’s important to check the regulations in your area.

You should contact your local Department of Motor...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: What type of attorney do I need for the police giving favoritism in a DV case ?

Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More

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answered on Oct 9, 2024

You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... View More

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