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Scott C. Stockwell

Scott C. Stockwell

Ad Astra Legal LC Law Office
  • Business Law, Estate Planning, Probate...
  • Kansas
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Summary

Scott C. Stockwell has a general practice of law with a focus in estate planning, probate, business law serving the Lawrence, Kansas and Douglas County, Kansas area as well as the surrounding counties of Jefferson, Leavenworth, Wyandotte, Johnson, Franklin, Osage, and Shawnee. Scott is a 1984 J.D. graduate of the University of Kansas School of Law in Lawrence, Kansas, a 2015 M.B.A. graduate of the W. P. Carey School of Business in Tempe, Arizona and a 1981 B.A. graduate of Kansas State University in Manhattan, Kansas.

Practice Areas
  • Business Law
  • Estate Planning
  • Probate
  • Real Estate Law
  • Elder Law
Additional Practice Areas
  • General Civil
  • Probate Law
  • Wills and Trusts
Fees
  • Free Consultation
    A free consultation for estate planning and probate clients.
  • Credit Cards Accepted
    Visa, Mastercard, Discover and American Express
Jurisdictions Admitted to Practice
Kansas
Languages
  • English: Spoken, Written
  • German: Spoken
Professional Experience
Attorney
Scott C. Stockwell, Attorney at Law
- Current
Private Legal Practice in Lawrence, Kansas
Director, Utilities Division
Kansas Corporation Commission
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Assistant to Commissioner Keith R. Henley
Kansas Corporation Commission
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Education
Arizona State University
MBA (2015) | Information Management, Marketing, and International Business
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International Study in France and Spain
University of Kansas School of Law
J.D. | Law
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Activities: Law Clerk Johnson County District Court; Traffic Court Attorney; Chief Judge of the Traffic Court
Kansas State University
B.A. | Political Science, Pre-Law
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Professional Associations
Douglas County Estate Planning Council
member
- Current
Websites & Blogs
Website
Website
Legal Answers
44 Questions Answered

Q. My parents sold a piece of property using a quitclaim deed and buyer has not paid.
A: Your parents should consult with an attorney as soon as possible. There are reasons why a small claims case might not be the optimal course of litigation. There are some unanswered questions that would be better discussed in a confidential communication with an attorney.
Q. Husband died 6 years ago, Will filed, no probate, everything was joint. Now, found a stock certificate, in his name only
A: There is a process that allows for use of an affidavit for the heirs at law or beneficiaries of a will to transfer the assets directly to them if the value of the estate is under a certain amount. K.S.A. 59-1507b provides that if the total assets of the decedent subject to probate do not exceed $40,000 in value, any personal property of whatever nature transferrable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled thereto by will or by intestate succession, without having been granted letters of administration or letters testamentary, upon such successors' furnishing the entity or person with an affidavit showing entitlement thereto. Six years ago, the limit in the statute may have been $20,000. You should consult with an attorney to determine if the circumstances of your case would permit the use of a decedent's affidavit.
Q. I moved I to an abandoned property 7 years ago took 6 months of labor and money. Never paid rent. Do I have rigjts
A: Adverse possession is recognized as a way to become an owner of a property. The person occupying the property must do so in a hostile, actual, exclusive, open and notorious way for a continuous period of fifteen years. K.S.A. 60-503. A person with a superior interest in the property may file an action for possession to dislodge the person in possession of the property or to quiet title. K.S.A. 60-1001, 60-1002. Kansas law provides a right to reimbursement for improvements made by a person occupying a property under color of title in good faith. "60-1004. Occupying claimants. (a) Right to reimbursement. Where any person while peacefully occupying realty under color of title in good faith, including mineral leases, has in good faith made improvements thereon or paid obligations in connection therewith, such person shall not be dispossessed by a party, establishing a superior right, claim or title until he or she is fully compensated therefor. (b) Procedure. If in any action the judge concludes that the occupying claimant should be dispossessed, the judge shall before entering final judgment determine the compensation due the occupying claimant under the provisions of section 1 [*] of this article or if requested by either party he or she shall submit the question to a jury for determination." You should consult with an attorney as soon as possible to determine your course of action.
Q. In Kansas does a lawyer need to be present or involved in the closing process of purchasing a home?
A: There is not a legal requirement that an attorney be present during a closing process of purchasing a home. The challenge, however, is that realtor cannot and should not provide legal advice. Issues may arise during closing for which legal advice is needed. Whether a seller or a purchaser, having an attorney review legal documents such as a purchase agreement, disclosure statement, and the HUD-1 settlement statement is a good idea. Some parties choose to have an attorney attend the closing. Even if the client makes the decision not to have the attorney attend the closing, he or she has someone to turn to in the event that an unexpected development arises.
Q. What happens with a trust when all the trustees are deceased?
A: Sometimes a trust document provides a process for the identification or appointment of successor trustees who are not called out in the trust document. Alternatively, a court proceeding may be initiated by someone having an interest in the estate to ask the court to make determinations in furtherance of the interests of the beneficiaries of the trust. You should promptly consult with an attorney to determine the best course of action to proceed.
Q. Does an abandoned child have any rights to the absent parents estate after death?
A: If a valid will exists, the interests of children, as heirs at law, may be superseded. If a valid will does not exist, an heir at law continues to be an heir and may have an interest in the estate, despite having been abandoned. If the father were he to marry again, the new spouse would have certain spousal rights that could be exercised against the estate; again, the heir at law may have an interest in the estate.
Q. Trustee violating fiduciary duties and bene wants the state to get involved. Who should the bene contact at state level?
A: This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.
Q. I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit
A: Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your "availability" fit one schedule and then you changed it to fit another schedule. Your question really relates to how the facts of the situation fit the terms of the written documentation. You should consult with an attorney, sharing the written documentation of the original agreement ("contract"). The details of the originally scheduled availability and the changed availability would also be information to share with the attorney.
Q. Does my brother have to surrender the house he has lived in for the last 8 years taking care of his mother in home
A: Your brother should consult with an attorney regarding the Medicaid eligibility issues that may relate to the situation. A home of a Medicaid recipient may be transferred to an adult child who has lived with the Medicaid applicant for the two years prior to going into the nursing home and the child has made it possible for the parent to live in the home longer than he or she would have been able to.
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Contact & Map
1201 Wakarusa DR
Suite E-222
Lawrence, KS 66049
USA
Telephone: (785) 842-1359
Cell: (785) 423-1990