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answered on Sep 3, 2024
Kansas law provides a process for a joint owner of real or personal property to file a petition for such property to be partitioned among the owners. K.S.A. 60-1003. Any owner may file a petition identifying the property and alleging the ownership interests of the parties. The court initially... View More 
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
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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
Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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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.
How to file and is a warranty deed contract the same as a contract for deed?
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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.
Breach of Fiduciary duty and through Child support involuntary Bankruptcy Stole the Assets and DOL FOIA refuses to give me the info I requested
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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.
2 Neighbors put up NO TRESPASSING SIGNS on my property. The sheriff was called when i removed the signs. The two "neighbors" told the deputy that i trespassed on their property and also that i said profanity directed at them.
The first deputy took their word for it that i... View More
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answered on Sep 23, 2024
You have a boundary dispute. If you do not file suit, you acquiesce to the new ascertainable (signs) boundary. You have already given them leverage with the criminal charges against you, when you should have already hired a competent KS attorney to file suit.
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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.
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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.
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?
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answered on Feb 29, 2024
Yes, but the grantee takes subject to the rights of possession of the lessee occupants.
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
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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.
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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
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
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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.
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
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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
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