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Kansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a home that belong to my grandparents who died I've been living in a home for over 15 years and now I need to a

title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Constitutional Law for Kansas on
Q: When charged in Kansas and elements of the statue are missing from what happened

My attorney has not been able to get my discovery and this case is 8 months old he tells me that the courts won't talk to him maby because he is from out of town. He says the only way he believes I can get the discovery is if I fill out a application for Diversion. I told him I believe the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 22, 2022

It sounds like your attorney is doing his job. Either plead guilty or start preparing for Trial, and a possible appeal. It does not appear that further Discovery will help any more than what you already know.

1 Answer | Asked in Estate Planning and Real Estate Law for Kansas on
Q: If a home in Kansas has a TOD deed, how long will the beneficiary need to wait to sell the home?
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... Read more »

1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for Kansas on
Q: I signed a contract to sell inherited land once probate was done and land put in my name, would it go to an estate acct?

My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 26, 2022

Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.

Or, the property can be sold by the estate while still in the estate, in which case the sale...
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1 Answer | Asked in Real Estate Law for Kansas on
Q: I had someone too be a POA and and they took a lot of things out of our house but is there anything that I can do. Shor

Shortly after we wrote her POA she took items out of our house and land that did belong to her Our neighbors stated that they saw them taking it items out of the house and putting them in a box moving van. And it was revoked in May I have found out that my car and some property was sold and she... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

If you believe property was stolen, you might start with a police report. The police have resources you cannot match to deal with possible theft and its investigation.

Financial attorneys-in-fact have an obligation to provide a financial accounting, and you, with assistance from legal...
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1 Answer | Asked in Real Estate Law for Kansas on
Q: Im a joint tenat and the other tenat sold real estate property with out my permission !! What can I do
Anthony M. Avery
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Anthony M. Avery
answered on Sep 28, 2021

You will need to search the title first. Assuming you own an interest, you are probably now a tenant in common with another. Depending on what you and your attorney decide, you may need to file actions for Quiet Title, Ejectment or even a Partition. And someone will have to pay taxes, note... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Mom has been using a driveway for 40 years new neighbor survey his 100 acres and is blocking her driveway. Adverse poss?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 27, 2021

Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.

1 Answer | Asked in Real Estate Law for Kansas on
Q: Me amd brother are listed on my deceased mother's home .can he sell without my consent?

Can he sell with out my consent?

Anthony M. Avery
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Anthony M. Avery
answered on Sep 15, 2021

You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.

2 Answers | Asked in Estate Planning and Real Estate Law for Kansas on
Q: What is a grantor? Are they financially responsible for the borrower's debt? Will it void a previous will?

My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... Read more »

Doug Coe
Doug Coe
answered on Aug 13, 2021

It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property
Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who...
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1 Answer | Asked in Real Estate Law and Civil Rights for Kansas on
Q: My x boyfriend is wanting to get reimburse for the down payment he gave me for our house

He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 7, 2021

Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.

Your "x" provided some money for the downpayment and made one mortgage payment. How much...
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1 Answer | Asked in Real Estate Law for Kansas on
Q: a person made offer on house was rejected. We then made offer was never told what owners said instead was told we were

our bid was beat. SO then the real estate agent told us this was one and done going tpo be the fnal bid. AS he went back to original bidder who was rejected and he gave new offer which we then bid our best offer assuming we were the final bid as he had said. Only to receive a call that said we lost... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Apr 21, 2021

The obligations of a broker to buyer and to seller may vary based upon whether they are a seller's broker, buyer's broker, or a transaction broker. The duties of the different types of brokers are summarized by the Kansas Real Estate Commission on the following website:... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My fiance works and im a stay at home mother, we are buying a home. Can i be on the deed with no income?

We are working with a rent to own

Scott C. Stockwell
Scott C. Stockwell
answered on Nov 18, 2020

A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: fsbo ,"as is" need to know what paperwork is needed so I will be protected from being sued in the future.
Scott C. Stockwell
Scott C. Stockwell
answered on Nov 16, 2020

It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My Grandmother died with no will and her land went to her 3 children, we live in Kansas.

My 2 Aunts signed their rights to my cousin for my Grandmothers land but my mother does not want that. She wants to keep the land in her Mothers name. What can we do to ensure her rights on her Mothers land and for my cousin not to own 2/3rds? Also is it legal for my cousin to own 2/3rds if my... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Nov 16, 2020

The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: The administrator for my deceased husband hasn't talked for more than half year. What can I do from here in Kansas?

My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?

Doug Coe
Doug Coe
answered on Nov 5, 2020

Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Wondering if a contract for deed needs to be recorded? Thx
Scott C. Stockwell
Scott C. Stockwell
answered on Oct 26, 2020

Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is... Read more »

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...
Read 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 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... Read more »

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