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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
136 Questions Answered
Q. Next door neighbor wants to claim about six to eight feet of our property is theirs to
A: Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some absentee owner to show up many years later and claim what they have ignored and to inequitably benefit from the other person's industry. There are hundreds of cases, with hundreds of permutations, of property being claimed successfully and often unsuccessfully, by adverse possession.

The Kansas Legislature enacted a statutory standard that provides some clarity. The statute says, in relevant part:

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.

The statute provides a simple three-point test: (1) The possession must be "open, exclusive, and continuous"; (2) The claim must be "knowingly adverse" ('I know I don't own this property but I am going to be here anyway') or under a belief of ownership ('I thought it was my property and that's why I put that building there'); and (3) for a period of 15 years.

What is important is how a specific situation and the facts over a 15-year-plus period align with the law (the statute and the cases that interpret and expand on it). You should consult with an attorney who can help you to identify the facts and law that will clarify whether the claim for adverse possession is valid.
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Q. Lease agreement terms
A: Your question begins by referencing a written agreement. You should consult with an attorney about the enforceability of that agreement. The general things you report having been told may or may not apply. Do not delay in consulting with an attorney before the alleged increase in rent.
Q. I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.
A: In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has standing to file a petition to open the estate (again, within six months of the date of death) and assert the claim.

If a decedent has a personal debt and had assets in a revocable living trust at the time she or he passed, the probate court may order such assets to be included in the probate estate if the assets in the probate estate are insufficient to pay the obligations. For that reason, trustees of a revocable living trust often wait until six months from the date of death to make significant distributions of assets to beneficiaries.

If the credit card were an obligation of the trust rather than the trustee's or grantor's personal obligation, the trusts's liability would not lapse because of the passing of the grantor.
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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