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Scott C. Stockwell

Scott C. Stockwell

Legal Services for Kansans
  • Estate Planning, Probate, Elder Law ...
  • Kansas
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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
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate Administration, Probate Litigation, Will Contests
    Elder Law
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Additional Practice Areas
  • General Civil
  • Probate Law
  • Wills and Trusts
  • Free Consultation
    A free consultation for estate planning and probate clients.
  • Credit Cards Accepted
    Visa, Mastercard, Discover and American Express
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
  • German: Spoken
Professional Experience
Scott C. Stockwell, Attorney at Law
- Current
Private Legal Practice in Lawrence, Kansas
Director, Utilities Division
Kansas Corporation Commission
Assistant to Commissioner Keith R. Henley
Kansas Corporation Commission
Arizona State University
MBA (2015) | Information Management, Marketing, and International Business
International Study in France and Spain
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University of Kansas School of Law
J.D. | Law
Activities: Law Clerk Johnson County District Court; Traffic Court Attorney; Chief Judge of the Traffic Court
University of Kansas School of Law Logo
Kansas State University
B.A. | Political Science, Pre-Law
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Professional Associations
Douglas County Estate Planning Council
- Current
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Websites & Blogs
Legal Answers
114 Questions Answered
Q. Mother passed. No will. Verbal wishes expressed to all four children that she desired all assets to be divided equally.
A: Your fidelity to fulfilling your mother's wishes is admirable. She would be proud. There are some details that are undefined that could be important to the proper method of implementing your mother's wishes and you should seek the advice of an attorney and a tax advisor. If your mother gave those gifts to you by operation of a payable on death (POD) designation and/or a transfer on death (TOD) deed, then you and your sister become the owners. You may gift those assets to whoever you choose, with two caveats: If you are married (and a Kansas resident or have lived in Kansas during your marriage), your spouse must sign off on any transfer of the real estate. If you give more than $15,000 (of value) per beneficiary in any year, you must file an informational gift tax return. If your mother gave you those assets (made you joint owners) prior to her passing, her estate may be obligated to file an informational gift tax return. In addition to the caveats above, you should also be aware that the real property transferred during her life would have the basis for capital gains that your mother had when she owned the property. It might be argued that if you truly are holding the assets in trust for your siblings, the transfers to your siblings are similar to a written trust that distributes estate assets at death; however, you should seek legal and tax counsel to discuss the specific circumstances that could affect how the IRS would view the transfers. You and your sister could each give the assets to your siblings shares of real estate or funds of not more than $15,000 per year (and if your spouses signed off on the gift, you could each give another $15,000 per year) and not incur the obligation to file an informational tax return. Here is information from the IRS explaining gift tax return obligations: Here is an article about issues that relate to gifting siblings money received from a parent upon death: The articles are both general in nature and do not constitute legal advice. You should rely upon your legal and tax counsel to make the best decisions for your personal circumstances.
Q. Considering placing house in trust to prevent inheritance by spouse's family.
A: It would be possible for a husband and wife to transfer their residence to the wife as trustee under a revocable living trust established by her and naming her as the initial trustee. The trust could provide for the husband to have the right to live in the house during his lifetime. Mortgage and insurance companies are familiar with trusts and the change should not cause a problem. There should not be a tax effect, either income or property tax. The trust could be designed to become irrevocable upon the wife's passing. Subject to the power of the probate court to possibly compel assets from the trust to be replaced into the probate estate, the assets in the trust should pass as provided for in the trust. The house being the homestead of the husband, he would be afforded protections from creditor and beneficiary claims. The husband could live in the house and it could later pass as the wife has provided in the trust. You should have the benefit of an attorney's assistance in assembling your estate plan. There are steps that, if missed, could defeat your intended plan.
Q. Can the rural water do a easement to take part of your land to connect to are waterline.
A: Rural water districts, like most utilities, have the power of eminent domain. K.S.A. 82a-619 (a). With apologies for the length of the following url, the link below is to an article about use of eminent domain by rural water districts in Kansas. It was written by Gary Hanson, of Stumbo Hanson LLP. While I've not read the article in full, the article may provide you will some helpful background as you seek to understand use of eminent domain by rural water districts. You should consult with an attorney to determine the best course for you to protect your interests and, if the easement is inevitable, maximizing the value you receive for such property.
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Contact & Map
Ad Astra Legal LC
810 Pennsylvania ST
Suite 211
Lawrence, KS 66044-2772
Telephone: (785) 842-1359
Cell: (785) 423-1990
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