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Scott C. Stockwell

Scott C. Stockwell

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

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
  • Probate
  • Elder Law
  • Real Estate Law
  • Business Law
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
100 Questions Answered

Q. My father passed two years ago. My sisters have not sold his house and I am entitled to 1/3. 1 sister lives in it.
A: Your question refers to one of your sisters as the "trustee." If the property is being held in trust for the benefit of you and one or more siblings, then the provisions of the trust would be the starting point in terms of determining whether the property could be sold, whether you could demand its sale, and whether there is an actual obligation to pay a contribution towards taxes, insurance, and repairs. If, on the other hand, the property has been transferred to you and your siblings as tenants in common with indivisible ownership shares, then and in that event, you may--absent an agreement to sell or rent the property--compel the division or sale of the property through a process called a partition action. You could contact the Register of Deeds to obtain a copy of the deed showing how title to the property is currently held and obtain a copy of the trust document, if any exists. You would be well-advised to consult with an attorney about those documents and determine the best course of action.
Q. So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?
A: Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence. A will controls the distribution of those assets within the estate of the decedent. If the real property that is the subject of the deed was transferred to someone before death or by a transfer on death deed, the property would not be subject to the probate proceedings. However, if some interest in the real estate still remains in your mother's estate, that interest could be subject to the probate proceeding. You should consult with an attorney at the earliest possible time.
Q. I have a notarized trust document, in my name, but never filed. A legal description of my house is part of the doc.
A: If you are referring to a revocable living trust, the trust document itself is not typically filed with the Register of Deeds. The trust also does is not normally filed with the court as well. If your house is to be transferred to you as a trustee of the trust, such a transfer would be accomplished through the filing of a deed with the Register of Deeds in the county in which the real estate is located. You should visit with an attorney to review the document(s) you have and determine the best course of action to accomplish the estate planning goals you have. Best of luck to you.
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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