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.

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

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

• 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

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. I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.

August 23, 2022

A: In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has standing to file a petition to open the estate (again, within six months of the date of death) and assert the claim. If a decedent has a personal debt and had assets in a revocable living trust at the time she or he passed, the probate court may order such assets to be included in the probate estate if the assets in the probate estate are insufficient to pay the obligations. For that reason, trustees of a revocable living trust often wait until six months from the date of death to make significant distributions of assets to beneficiaries. If the credit card were an obligation of the trust rather than the trustee's or grantor's personal obligation, the trusts's liability would not lapse because of the passing of the grantor.

Q. Can an out of state relative named in will as the executer of a deceased from Kansas file for a letter of testamentary?

August 12, 2022

A: Yes. K.S.A. 59-1706 permits an out-of-state fiduciary to be appointed. The fiduciary must appoint a resident agent who resides in the county where the case is located.

Q. I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

August 5, 2022

A: Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of sentence, calculated generally from discharge from probation, community correctional services, parole, post release supervision, conditional release or suspended sentence. The question you seem to have is whether you are still on probation and if not, when were you were released. For some cases, that information will be found in the court file available at the clerk of the district court in the county you case was handled or the digital court file available online. In other cases, it may be helpful to confirm in writing with the probation authority by whom you were supervised. Kansas Legal Services (https://www.kansaslegalservices.org 800-723-6953) provides assistance with expungement in Kansas. If you require the assistance of a private practice attorney, they can make a referral for you. If you have further questions, please feel free to contact me.