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.

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

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

Douglas County Estate Planning Council

member

2008 - Current

Kansas

Since 1984

• Free Consultation
  A free consultation for estate planning and probate clients.
• Credit Cards Accepted
  Visa, Mastercard, Discover and American Express

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

Q. can a person with no legal standing contact and hire the probate lawyer?

7 July 2021

A: Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates: Reading your question literally, yes, a person with no legal standing contract and hire a probate attorney, the answer is yes. Your question is probably "Who has standing to initiate a decedent's estate?" Persons who traditionally are considered to have standing to participate in a probate case are heirs at law (who would receive the estate if there is no will); legatees and devisees (who might be listed in the will to receive personal property or real estate, respectively); executors, persons in possession of the original will, and creditors of the estate. If an heir, legatee, or devisee is a minor or mental capacity, a case may be filed on their behalf by a "next friend" adult. Likewise, a conservator of any pecuniary interest in the estate could file a case. A party that holds an asset of the estate would probably be considered an interested party (e.g, a farm tenant has a check for the harvested crop). It would not be unimaginable that a friend of a non-heir member of the family might initiate a case and a court would proceed on the estate for the benefit of creditors, heirs at law, legatees or devisees. So, the possible universe of possible initiators is pretty broad. As for who has an interest in the estate, the creditors, heirs at law, legatees and devisees (and their possible representatives) are the people whose interests shape how the case will proceed, with some role for the named executor of the estate.

Q. Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property

7 July 2021

A: Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward: "60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act." The adverse possession statute builds upon hundreds (about 401) cases that came before it and the scores of cases that come after. Adverse possession is a fact-driven determination. You should consult with an experienced attorney.

Q. Selling Kansas home. Expired mineral rights lease delaying close. Need extension. Can I ask for appraised value?

7 July 2021

A: There is not enough information to provide meaningful guidance to you. You should consult with an attorney, sharing your agreement, communications about the delay, and possible defaults (such as failure to close).