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Scott C. Stockwell

Scott C. Stockwell

Legal Services for Kansans
  • Estate Planning, Probate, Elder Law ...
  • Kansas
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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.

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
Fees
  • Free Consultation
    A free consultation for estate planning and probate clients.
  • Credit Cards Accepted
    Visa, Mastercard, Discover and American Express
Jurisdictions Admitted to Practice
Kansas
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Languages
  • English: Spoken, Written
  • German: Spoken
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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Education
Arizona State University
MBA (2015) | Information Management, Marketing, and International Business
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International Study in France and Spain
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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
University of Kansas School of Law Logo
Kansas State University
B.A. | Political Science, Pre-Law
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Kansas State University Logo
Professional Associations
Douglas County Estate Planning Council
member
- Current
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Websites & Blogs
Website
Website
Legal Answers
119 Questions Answered
Q. can a person with no legal standing contact and hire the probate lawyer?
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
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?
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).
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Contact & Map
Ad Astra Legal LC
810 Pennsylvania ST
Suite 211
Lawrence, KS 66044-2772
Telephone: (785) 842-1359
Cell: (785) 423-1990