Free Consultation: (785) 842-1359Tap to Call This Lawyer

Scott C. Stockwell
Legal Services for Kansans
Badges
Claimed Lawyer ProfileQ&A
Biography
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.
Education
- Arizona State University
- MBA (2015) | Information Management, Marketing, and International Business
- -
- International Study in France and Spain
-
- 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
-
- Kansas State University
- B.A. | Political Science, Pre-Law
- -
-
Professional Experience
- Attorney
- 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
- -
Professional Associations
- Douglas County Estate Planning Council
- member
- - Current
-
Jurisdictions Admitted to Practice
- Kansas
-
Fees
-
Free Consultation
A free consultation for estate planning and probate clients. -
Credit Cards Accepted
Visa, Mastercard, Discover and American Express
Practice Areas
- 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
Additional Practice Areas
- General Civil
- Probate Law
- Wills and Trusts
Languages
- English: Spoken, Written
- German: Spoken
Legal Answers
- Q. My fiance works and im a stay at home mother, we are buying a home. Can i be on the deed with no income?
- A: A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would be willing to enter into, but if both fiancés are on the lease, it would consistent to have both on the purchase/deed arrangement.
- Q. fsbo ,"as is" need to know what paperwork is needed so I will be protected from being sued in the future.
- A: It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the property. There may be disclosures that are required by law, such as the lead paint disclosure. Title insurance is typical, whether paid for by the seller or by the buyer. A title insurance policy has limitations, but it generally is a policy that guarantees that the seller is the record title owner and that there are no conflicting claims. A settlement statement is an accounting of the money involved in the transaction, providing for, among other things, a proration of taxes between buyer and seller, payment of costs consistent with the sales agreement, and distribution of the net proceeds to the seller once the deed is recorded. There is a deed from the seller to the buyer. The deed is typically a warranty deed, providing a warranty by the seller that the seller has good title and will defend the claim of title against all adverse parties. A quitclaim deed makes no representation that the seller has good title, but simply conveys to the buyer whatever interest in the property the seller does own. You should have the assistance of an attorney to prepare the necessary documents.
- Q. My Grandmother died with no will and her land went to her 3 children, we live in Kansas.
- A: The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common probate proceeding. If no probate proceeding was initiated before six months after the date of death had passed, a determination of descent proceeding could occur. In either of those proceedings, an order could result in which the heirs at law and their interests in the real property are identified. One heir could, by agreement, direct her interest to another person. Until a proceeding occurs, the ownership changes do not occur. The heir who owns one-third of the property could, after the probate proceeding is complete, file a separate civil case to partition the property. In a partition action, the court could divide the property if it is divisible, or compel its sale and provide for a division of the net proceeds. Your mother should seek legal assistance to determine a plan of action to protect her interests.
Social Media
Websites & Blogs
- Website
- Website
Contact & Map