Kansas Questions & Answers by Practice Area
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Kansas Questions & Answers
Q: Looking into a case against my sons dr. She almost killed him with a misdiagnosis. Can I sue?
David Adams' answer
Liability will depend on what the original doctor should have been able to diagnose, and what effect the delayed diagnosis had on the eventual problems your son developed. These cases often require review from another medical expert in the field. You can contact my office or another attorney that handles medical malpractice cases. There is a two year statute of limitations in Kansas.
Liability will depend on what the original doctor should have been able to diagnose, and what effect the delayed diagnosis had on the eventual problems your son developed. These cases often require review from another medical expert in the field. You can contact my office or another attorney that handles medical malpractice cases. There is a two year statute of limitations in Kansas.
Q: How is it ok for doctors to decide if you get treatment or not? To me a 9mm kidney stone needs treatment.
Peter Munsing's answer
It's up to a doctor to decide what needs treatment and how. If you don't like the tretment, you may find another doctor.
It's up to a doctor to decide what needs treatment and how. If you don't like the tretment, you may find another doctor.
Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?
1 Answer
| Asked
in
Business Formation, Products Liability, Federal Crimes and Health Care Law
for
Kansas
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
Q: Is it a violation of my right to a speedy trial on DUI in September 2015 and conviction in February 2017?
Robert C. Gigstad's answer
Unfortunately the answer is likely no, this is something you should ask your attorney about if you have more questions.
Unfortunately the answer is likely no, this is something you should ask your attorney about if you have more questions.
Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?
Rick Davis' answer
Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.
*Please be advised that this answer is for information or educational purposes only and is intended to be general information, not specific advise in your situation the response is based only upon the limited information you provided in the question. For detailed advise about your...
Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.
*Please be advised that this answer is for information or educational purposes only and is intended to be general information, not specific advise in your situation the response is based only upon the limited information you provided in the question. For detailed advise about your...
Q: How easy or hard will it be to break a verbal contract involving the sale of some property
Rick Davis' answer
Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not require a formal contract for an agreement for the sale of real property to be in writing. If you sent emails memorializing the terms or wrote basic terms down on a napkin, that may be enough to...
Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not require a formal contract for an agreement for the sale of real property to be in writing. If you sent emails memorializing the terms or wrote basic terms down on a napkin, that may be enough to...
Q: What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?
1 Answer
| Asked
in
Bankruptcy, Real Estate Law and Landlord - Tenant
for
Kansas
on
Answered on May 4, 2017
Answered on May 4, 2017
Ray Choudhry's answer
If there is no off-set and she owes you the damage deposit, you can take her to small claims court.
If there is no off-set and she owes you the damage deposit, you can take her to small claims court.
Q: How long will it take me to register my new business as an LLC?
Rick Davis' answer
Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney, the other variable is the attorney's schedule, which could effect the timeline.
Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney, the other variable is the attorney's schedule, which could effect the timeline.
Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Kansas
on
Answered on May 2, 2017
Answered on May 2, 2017
Rick Davis' answer
If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost you a couple hundred dollars, but that is a small price to pay to find out if you can keep from losing $200,000 in property value.
If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost you a couple hundred dollars, but that is a small price to pay to find out if you can keep from losing $200,000 in property value.
Q: Would divorcing wife now, but continuing to live with her, still allow for Medicaid long term care 6 years from now?
Dr Kenneth V Zichi J.D.'s answer
This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning attorney.
Divorce is for people who have differences such that the objects of matrimony are no longer reasonably likely to be preserved. Remember the wedding vows about 'richer or poorer'? The...
This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning attorney.
Divorce is for people who have differences such that the objects of matrimony are no longer reasonably likely to be preserved. Remember the wedding vows about 'richer or poorer'? The...
Q: Who's really at fault
Ray Choudhry's answer
Depends on the light at the moment he clipped you.
If it was red, he was to stop.
Depends on the light at the moment he clipped you.
If it was red, he was to stop.
Q: Kansas Statute 58-2557. Reasonable notice to the tenant for entry. What is considered reasonable?
Ray Choudhry's answer
Reasonable usually means under the circumstances.
The landlord is juggling availability of the pest control people and the tenants.
Usually, the complaint is that the landlord isn't doing anything.
Reasonable usually means under the circumstances.
The landlord is juggling availability of the pest control people and the tenants.
Usually, the complaint is that the landlord isn't doing anything.
Q: If a house is in my and my brother's names and my brother files for bankruptcy, will that affect my ownership interest?
David Adams' answer
It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the bankruptcy court. If the property is your main residence, you may be able to protect some of the equity as part of your homestead. If there is little equity in the property, the bankruptcy will really...
It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the bankruptcy court. If the property is your main residence, you may be able to protect some of the equity as part of your homestead. If there is little equity in the property, the bankruptcy will really...
Q: Can use a picture of my work thru one company and use it for my own company website.
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Kansas
on
Answered on Apr 27, 2017
Answered on Apr 27, 2017
Rick Davis' answer
Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."
You would be best to take another picture to use on your website as then you do not have to worry about any issues.
Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."
You would be best to take another picture to use on your website as then you do not have to worry about any issues.
Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?
Rick Davis' answer
Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.
Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.
Q: How to obtain car title or court order for a car i just purchased?
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Consumer Law and Contracts
for
Kansas
on
Answered on Apr 27, 2017
Answered on Apr 27, 2017
Rick Davis' answer
The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information: http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Quiet%20Title%20Packet.pdf. You can also hire an attorney to assist with the quiet title.
As to the cost it is hard to...
The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information: http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Quiet%20Title%20Packet.pdf. You can also hire an attorney to assist with the quiet title.
As to the cost it is hard to...
Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?
1 Answer
| Asked
in
Divorce, Estate Planning and Health Care Law
for
Kansas
on
Answered on Apr 27, 2017
Answered on Apr 27, 2017
Dr Kenneth V Zichi J.D.'s answer
There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.
You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a good answer (unless there HAS been a breakdown of your relationship, which it sounds like is not the case!) so look for a 'plan b' with a qualified professional!
-- This answer is offered for...
There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.
You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a good answer (unless there HAS been a breakdown of your relationship, which it sounds like is not the case!) so look for a 'plan b' with a qualified professional!
-- This answer is offered for...
Q: If my mom done a personal injury case for me as a minor how can i get that information
Peter Munsing's answer
Go to the county court for the county where you lived when you were hurt. Look it up under your name.
Go to the county court for the county where you lived when you were hurt. Look it up under your name.
Q: Can I make a company comply with the last signed service agreement?
Glenn B. Manishin's answer
Written contracts typically have a clause saying they cannot be modified or amended except in writing. If that is the case with the 2013 service contract, the claimed oral waiver is invalid as a matter of law and you can enforce the contractual payment obligation.
Written contracts typically have a clause saying they cannot be modified or amended except in writing. If that is the case with the 2013 service contract, the claimed oral waiver is invalid as a matter of law and you can enforce the contractual payment obligation.
Q: Brother has dementia in Veterans Center & wants to quick claim his home/10 acres to his 2 children for $1--sign as PoA?
Glenn B. Manishin's answer
It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to the children and will be subject to gift taxes assessable on the father.
It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to the children and will be subject to gift taxes assessable on the father.
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