Scott C. Stockwell

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.

• General Civil
• Probate Law
• Wills and Trusts

• Free Consultation
  A free consultation for estate planning and probate clients.
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Kansas

Since 1984

Attorney

Scott C. Stockwell, Attorney at Law

1991 - Current

Private Legal Practice in Lawrence, Kansas

Director, Utilities Division

Kansas Corporation Commission

1987 - 1991

Assistant to Commissioner Keith R. Henley

Kansas Corporation Commission

1984 - 1987

Arizona State University

MBA (2015) | Information Management, Marketing, and International Business

2013 - 2015

International Study in France and Spain

University of Kansas School of Law

J.D. | Law

1981 - 1984

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

1977 - 1981

Douglas County Estate Planning Council

member

2008 - Current

Q. My dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?

September 3, 2024

A: You should consult with an attorney. If your father lived in one state and the real estate was located in the same state, that state would be the state in which you would seek legal counsel. If the real estate is in one state and your father was living in another state, you may be dealing with the probate laws of both states; again, seek legal counsel in one or the other state and anticipate that you may need assistance in the other state as well.

Depending upon the laws in which the real property was located, there may be multiple ways in which the property could have ended up in your brother's name. Don't take his word for whether the land or any other asset has already been transferred to him. An attorney would review the records at the Register of Deeds/County recorder to determine whether the transfer took place and how. In Kansas, a revocable trust, transfer on death deed, or joint tenancy deed could be used to make a transfer of real estate without a probate proceeding. For bank accounts and CDs, non-probate transfer on death or joint ownership could be used, but you should not assume. An attorney could help you determine what public record information is available and what procedures might be appropriate to determine the next steps for your father's estate. ... Read More

Q. Can someone owe 5% of the property do partition action and forced to sell it in caution?

September 3, 2024

A: 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 makes a determination of the ownership interests of the parties and orders partition. The court then appoints three commissioners to partition the property among the parties or, if such partition is not practically possible, to value the property and report such values to the court. If a party disagrees with the report, then a hearing is held to determine how to resolve the case. Where the court determines the property is not subject to partition in kind and establishes a value for the property or separate tracts, any party may elect to purchase the ownership interests of the other parties in such property or separate tracts. If more than one party seeks to purchase the same property, or if no party elects to purchase the property, then the property is auctioned by the sheriff at a sale that must be made at not less than two-thirds of the valuation placed on the property by the commissioners. The court making the partition shall tax the costs, attorneys fees, and expenses and apportion them among the parties according to their respective interests.

You should seek the advice of counsel to evaluate the respective interests of the parties in the property and options for resolving the matter, whether through settlement, mediation, or a fully adverse proceeding. ... Read More

Q. My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

May 10, 2024

A: If an IRA has a beneficiary designation or a payable on death (POD) provision, the transfer of that asset is a non-probate transfer. Typically, a IRA custodian will convey to the beneficiary's benefit an IRA account upon presentation of a death certificate and, proof of identity.

As for the probate estate, any heir at law is an interested party and may petition to open the estate. Once the petition has been filed, a disclosure proceeding may be requested by any interested party. K.S.A. 59-2216 provides:

59-2216. Disclosure proceedings. Upon the filing of a petition by a personal representative or any person interested in the estate, alleging that any person has concealed, converted, embezzled or disposed of any property belonging to the estate of a decedent or ward, or that any person has possession or knowledge of any will or codicil of a decedent, or of any instruments in writing relating to the property of such decedent or ward, the court, upon such notice it directs, may order such person to appear before it for disclosure. Refusal to appear or submit to examination, or failure to obey any lawful order based thereon, shall constitute contempt of court.

The court may also point a special administrator pursuant to K.S.A. 59-710 and authorize such special administrator to take possession or obtain such records or information as may help to identify the IRA custodian or to procure the will, if one exists, so that the estate may be fully probated. ... Read More