Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:

1. Capital gains exclusion: If you owned and lived in the home as your primary residence...
View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Native American Law for Kansas on
Q: Trying get building permit through county that I pay taxes to but being told that I've to go through tribe since on res.

Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:

Tribal Sovereignty: Native American tribes are considered...
View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.

But you can contact an attorney in your area yourself...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

First, it's important to gather all relevant documents related to your deceased mother's property, including her will, death certificate, and any other legal documents. Review these documents carefully to understand your mother's wishes regarding the property and to confirm your... View More

View More Answers

1 Answer | Asked in Tax Law and Real Estate Law for Kansas on
Q: My house was auctioned for delinquent property taxes. The new owner sent an eviction notice, and I tried to be moved out

but was unable to by the specified date. Dec 5 the new owner filed in small claims court asking for repossession of a home that they hadn't owned before Oct. Citing Kansas Landlord act and asking for rent and damages, pay their docket fee. How can the new owner act as if they are my landlord?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

In Kansas, when a house is sold at auction for delinquent property taxes, the new owner legally acquires the title to the property. From that point on, the new owner has certain rights over the property, including the right to possession. This is likely why the new owner is acting in a manner... View More

1 Answer | Asked in Family Law and Real Estate Law for Kansas on
Q: What rights do I have as a joint iowner of property
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

As a joint owner of property in Kansas, you have the right to use and enjoy the property, exclude others from the property, transfer your ownership interest, and force the sale of the property if you cannot agree with the other joint owners on how to use or dispose of it. You also have the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: I got an inheritance and put the full amount given to me on a down payment for a house... I didn't have good enough cred

It to aquire the loan so my mother did it in her name. I've lived in it 8 years now and it's appreciated over $100,000 since the purchase now my mother is trying to evict me and leave me out on the street with nothing. What legal standing do I have in this matter please help me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

I'm sorry to hear about your situation. If the home is in your mother's name, she generally has the legal title to the property. However, you may have an equitable interest or a claim based on several factors. One possibility is that you could argue you and your mother had an oral... View More

2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

You have a boundary dispute. If the adjoining owner puts in the line, and you do nothing, you acquiesce to the new ascertainable boundary. Hire a KS attorney to search both titles, and get a boundary line survey. You may have to sue for a boundary dispute, so put your witnesses together now.... View More

View More Answers

2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 21, 2023

Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More

View More Answers

1 Answer | Asked in Tax Law and Real Estate Law for Kansas on
Q: I have a question my mom was buying a house and when she moved in it went up for back taxes in a tax sale.

We paid the back taxes in full. And never got the deed and paid the taxes every year for 13yrs and then last year the house sold out from under use with no notice

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

In situations where a property has unpaid taxes and goes up for a tax sale, it's crucial to follow the specific legal procedures to secure the deed and maintain ownership. If the property was sold without proper notice or due process, you should consult with an attorney experienced in real... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: Is it legal to copy and print a pdf of a "Agreement to sell real estate" found online and use it for myself?

i'm just curious if some how, some way it could fall back as any sort of copywriting thing.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

Using a PDF template for an "Agreement to Sell Real Estate" found online for your personal use should not typically pose copyright issues, as long as you are using it for your own transaction and not distributing it commercially or infringing on any specific terms of use or licensing... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: I put my property for sale but I have my 5 year old grand daughter on the deed with myself.. what do I need to do now?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

You will need a KS attorney to file suit for a Minor's Sale of Real Property. Listing was a little premature and you might need to rescind.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Kansas on
Q: How feasible would it be to put my house in an llc to avoid harassing calls from investors to buy it?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

A well designed limited liability company will have a business address at some out of State or Country, with no member name shown. But property taxes still have to be paid. Hire a competent attorney to organize the LLC and draft that Deed.

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning and Real Estate Law for Kansas on
Q: Can land that is currently leased, be sold?

I own farm land that is currently leased by another party and being farmed. Can I sell the land, or do I have to wait until the lease is over?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

Yes, but the grantee takes subject to the rights of possession of the lessee occupants.

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

1 Answer | Asked in Real Estate Law and Family Law for Kansas on
Q: I am inquiring about my rights as a co owner of a property and house that is in mine and my siblings names

My siblings are trying to evict me out of a home we all own together ßo they can sell it and we dont wish to sell it

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

Tenants In Common cannot oust other TIC's from possession. You should be able to get any civil possessory action dismissed against you. A Partition Action may be needed.

1 Answer | Asked in Consumer Law and Real Estate Law for Kansas on
Q: husband had an affair 5 years ago. he was a cosigner on a house mortgage with the affair partner.

What is his obligation? Is he responsible for the mortgage if she doesn't pay?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

Whoever signed the Note is liable personally. If he was a cosigner then he is liable on the Note indebtedbness.

1 Answer | Asked in Real Estate Law for Kansas on
Q: Lease agreement terms

I am buying a home through a rent to own agreement. It was negotiated at $700 a month. Owner was to pay property taxes. It says tenant was to pay for homeowners insurance. I've been told it is illegal for the tenant to purchase homeowners insurance unless they have ownership interest in the... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 1, 2023

Your question begins by referencing a written agreement. You should consult with an attorney about the enforceability of that agreement. The general things you report having been told may or may not apply. Do not delay in consulting with an attorney before the alleged increase in rent.

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.