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Scott C. Stockwell
Legal Services for Kansans
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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
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- International Study in France and Spain
- University of Kansas School of Law
- J.D. | Law
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- 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
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Professional Experience
- Attorney
- Scott C. Stockwell, Attorney at Law
- - Current
- Private Legal Practice in Lawrence, Kansas
- Director, Utilities Division
- Kansas Corporation Commission
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- Assistant to Commissioner Keith R. Henley
- Kansas Corporation Commission
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Professional Associations
- Douglas County Estate Planning Council
- member
- - Current
Jurisdictions Admitted to Practice
- Kansas
Fees
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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 dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?
- 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 ... Read More
- Q. Can someone owe 5% of the property do partition action and forced to sell it in caution?
- 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 ... 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.
- 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, ... Read More
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