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1 Answer | Asked in Probate for Kansas on
Q: My father suddenly passed away. My sister is sole beneficiary but there was no will. Am I entitled to half?
Doug Coe
Doug Coe answered on Apr 27, 2020

There are a number of variables. Generally, if the asset is passing by way of a beneficiary designation, the beneficiary designation will control. If the assets have to pass by way of a probate proceeding when there is no Will they pass pursuant to the default rules in Kansas. In that situation,... Read more »

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final revisions come through... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place from the... Read more »

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1 Answer | Asked in Mergers & Acquisitions and Immigration Law for Kansas on
Q: Is there any legal way I can start and run my business as an F1 Student in the US?
Adan Vega
Adan Vega answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans to start and operate a business venture while on the F-1 status.

1 Answer | Asked in Immigration Law for Kansas on
Q: Can I work on my business back in my home country remotely, while in the US as an F1 Student?

My business back home does not require my physical presence and I'm wondering if I can work online on it, while in the US as an F1 student?

Adan Vega
Adan Vega answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

1 Answer | Asked in Immigration Law for Kansas on
Q: While on F1 Student Visa in the United States, can I start, manage, and work in my business back in my country?

So far the options I've seen to start and run a company in the US under an F1 student visa are pretty limited. I'm wondering if I can work on my business back in my country of citizenship remotely from the United States? This is an online business and does not require my physical presence. If I... Read more »

Adan Vega
Adan Vega answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

1 Answer | Asked in Probate for Kansas on
Q: how do i file for "standing" on my fathers estate my step mom has not produced a will he passed in january

i also need to admit the probate to the court is that something a lawyer will have to do or can i also dose it matter what order and is there anything else i should be doing

Doug Coe
Doug Coe answered on Apr 18, 2020

In Kansas, generally, the first step is to petition the Court for the admission of and probate of the Will. Any interested party can do that, but you'll need a copy of the Will. You don't technically need a lawyer, but it will be a big help. Generally those legal fees are paid for out of the... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Criminal Law for Kansas on
Q: are parking lots private property in missouri? Asking in regards to dumpster diving/ abandoned property.

My friend was walk through a parking lot and a cop approached her telling her to stay out of all parking lots because they are private property. We dumpster dive and want to remain in standing with the law.

Gregory Byrnes
Gregory Byrnes answered on Apr 14, 2020

Yes. However, there is a gray area because they can be available to the public for their appropriate use (ie. using Walmart's parking lot to purchase goods at Walmart). Additionally, dumpster diving is also also a gray area and can be private or public depending on the jurisdiction and specific... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Does my employer owe me back pay? And are they taking advantage of “salary” status incorrectly?

I get paid a base “salary” (my pay checks say salary) of $545 a week. (After tax it amounts to about $450) I work 50 hours a week, no lunch. And don’t get overtime due to the “salary”, however if I miss a day, I am docked over $100 per day missed in that week. Can they do that? Also as of... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 8, 2020

I would reach out to an employment law attorney in your state for a consultation. In 2020, the Fair Labor Standards Act changed and required employers to pay employees a salary of at least $684 per week. In some circumstances, employers can deduct from your salary for a full day of work that was... Read more »

1 Answer | Asked in Real Estate Law and Banking for Kansas on
Q: 2 people getting a loan, 1 owns land used for collateral Do both people need to be on deed of property?

The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Does wife sign contract to sell home or just husband
Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a Deed which states:

General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...

What is the ownership status of... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Apr 7, 2020

There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.

Doug Coe
Doug Coe answered on Apr 6, 2020

In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land in... Read more »

1 Answer | Asked in Probate for Kansas on
Q: How do I obtain ‘simplified small estate’ probate status?

I’m named executor in my brother’s recent will. Need a probate letter confirming this before a bank will set up an ‘estate account’ to pay bills and receive refund checks in his name. His lawyer said probate filing is not needed since the will was recorded only a couple months ago. What do... Read more »

Doug Coe
Doug Coe answered on Mar 30, 2020

In order to officially serve as the executor (and therefore have the authority to open an estate account), you will need what's called the Letters Testamentary from the Court. In order to get that document, there are a number of hoops to jump through, including a Petition, Notice, Order Appointing... Read more »

1 Answer | Asked in Probate for Kansas on
Q: What is the probate court process to request simplified estate status?
Doug Coe
Doug Coe answered on Mar 30, 2020

In Kansas, there are a series of documents to be completed and filed with the Court in order to have a simplified administration. However, the primary document is a Petition. If your situation allows for a small estate affidavit, review the resources here:... Read more »

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph’s emergency room. with a swollen leg and in pain. They did an ultra sound to see if I had a blood c

Clot. I was told I didn’t have one. 3 days later with horrible pain. I went to my doctor. I was told St Joseph’s did the wrong ultra sound to find a blood clot. After an ultra sound at St Luke’s I did have a clot. I was sent to St Luke’s emergency room. Do I have a case against St Joseph hospital.

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

I'm sorry for your ordeal. It's difficult to answer your question based on these brief facts. You could consult with a Kansas med mal attorney who could request your medical records and review them with a medical professional. A jury is not going to go by, "they did the wrong ultrasound." They're... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How can... Read more »

Doug Coe
Doug Coe answered on Mar 19, 2020

In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 17, 2020

In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person named by the court as... Read more »

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1 Answer | Asked in Child Support for Kansas on
Q: Is it okIf a non custodial parent has proof for them to pay other parent directly owed child support and they reject it?

I have emails, mail sent to me from modification of me having to pay child support was dropped but they told me i had to pay him directly what i owe and he's sent back almost every payment, stating he can't accept it unless it's coming to me from the state not myself. I have kept all the money... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 16, 2020

You should make the payments to the State Disbursement Unit. You then have proof of the payments and do not create Extra, unnecessary issues.

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph emergency room with a swollen leg and in pain.

They did an ultra sound looking for a blood clot. I was told I didn’t have one. I went to my primary doctor three days later. The pain was getting worse by the day. I said it was a 7 if touched 10. When my doctor got the results from

St Josephs found out they did the wrong ultra sound to... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 12, 2020

There wasn't a question here, but your post remains open for three weeks. If you're wondering whether you have the grounds for a case, a good first step toward answering that question would be to contact a Kansas med mal attorney and discuss the matter in greater detail. If an attorney felt that... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 4, 2020

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... Read more »

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