Free Consultation: (785) 842-1359Tap to Call This Lawyer
Scott C. Stockwell

Scott C. Stockwell

Legal Services for Kansans
  • Estate Planning, Probate, Elder Law ...
  • Kansas
Claimed Lawyer ProfileQ&ASocial Media
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
Arizona State University Logo
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
-
Kansas State University Logo
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
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Kansas
Placeholder image for jurisdictions.
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.
View More Answers
Social Media
Websites & Blogs
Website
Website
Contact & Map
Ad Astra Legal LC
810 Pennsylvania ST
Suite 211
Lawrence, KS 66044-2772
Telephone: (785) 842-1359
Cell: (785) 423-1990