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Questions & Answers |
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AUTOMOBILE ACCIDENT Whenever you are in an automobile accident, you should contact the police at the earliest opportunity. Insurance companies normally will not pay claims unless an accident report is on file and in most cases the law requires you to report an accident to the police. Having a third party available as a witness to what people said immediately after the accident can prevent questionable claims. While it is important that you report an accident to the police you should remember that the police do not determine fault. In most cases you cannot introduce the fact that a police officer issued a ticket at a trial to determine civil liability Kansas has a modified comparative negligence law. To recover damages a person must be less than 50% responsible for the accident. Whenever you have an accident involving a
claim for damages, you should consult an attorney about your rights and duties under the law. DIVORCE Kansas law requires that
a person be a resident for sixty days before the filing of a divorce
Petition. A person can file a Petition for Separate Maintenance
without fulfilling the residency requirement. The laws concerning
divorce, child custody, and visitation are changing rapidly.
The Kansas Legislature has tried to discouraged persons from fighting
over who has custody over children. A licensed mediator can
often help people going through a divorce come to an agreement without
having to go through a court battle over the issues arising out
of a divorce. Mediation is a preferred method to solving domestic
disputes. You should have an attorney review any mediated
agreement before signing it. You can find the name of a qualified
mediator by contacting an attorney. What is Probate? Probate is the process of administering
a dead persons' estate, utilizing the court system. If the
deceased person died "testate," (that is, with a will), the process
includes proving the validity of the Will, appointing the dead person's
named executor to administer the estate, and seeing to it that there
is an inventorying and gathering of the dead persons' assets and
debts, also that creditors may be paid, and assets distributed to
the beneficiaries name in the Will. If the deceased person
died without a Will, the process is similar with a court-appointed
administrator inventorying and gathering the assets and debts, pay
the debts, and distributing the remainder to the heirs at law of
the deceased person. These procedures are accomplished with
the assistance of an attorney, who should work closely with the
executor or administrator. What is a Will? A Will is a legal document declaring how the "Testator" (the will maker) wishes his or her assets to be distributed at death, and whom the Testator wishes to have handle his affairs after
he has died. Ordinarily, a Will is revocable and amendable and may be changed at any time prior to death (assuming the testator has mental capacity). This right to change the Will may be restricted or
even eliminated through prenuptial agreements, postnuptial agreements, contracts, or by joint mutual contractual wills. A Will has no legal effect until death and being admitted to Court through Probate. What is a Trust? A Trust is a fiduciary relationship in which one person (the Grantor) contributes property to another person (the Trustee) to own legal title to property for the benefit of another (Trust
Beneficiary). Typically, a Trust is formalized in a lengthy written document prepared by an attorney. A trust may be testamentary (meaning that it comes into existence by virtue of a Will) or it may be a
Living Trust. In order to have an effective trust, it must not only be reduced to writing, it must also have property transferred into it. This is a particularly detailed procedure, which will vary given the kind of assets to be transferred into the Trust, and should be overseen by an attorney. What is a Living Trust? A Living Trust is a trust that is created and becomes operative during the lifetime of the Grantor. This is distinguished from a testamentary trust which only becomes operative by virtue of a Will, upon the death of the Testator (will maker). What is a Living Will? A Living Will is a document that sets forth an individual's binding authorization that, in the case of their incapacity, medical procedures which merely put off death will not be
undertaken; and the "living will maker" will be allowed to die naturally with only comfort care. This is most often utilized when a person is in a vegetative state or prolonged brain death. A living will
may be identical to the form provided for in the statute, or it can be tailored to meet the living will maker's specific concerns, with whatever restrictions or conditions the maker may wish to include. A
living will must be witnessed by two witnesses who are not related to the "living will maker." The living will should be prepared, or at least reviewed, by an attorney. Durable Power of Attorney? A Durable Power of Attorney is a legal document where an individual (the Principal) authorizes another person (the Power Holder or Attorney-in-fact) to handle all the matters described in
the document. Often this will include handling residential care and financial matters for the Principal. A Durable Power of Attorney may be effective upon the day it is signed or may become effective
only after it is certified that the Principal has become incapacitated. Unlike an ordinary power of attorney, as durable power of attorney is not invalidated by the Principal's later incapacity. A power
of attorney should be prepared by an attorney and the signature of the Principal must be authenticated (that is, notarized). What is a Health Care Power of Attorney? A Health Care Power of Attorney is very similar to a Durable Power of Attorney except that it is to authorize the Power Holder or Attorney-in-fact to make medical decisions for the Principal. A Heath Care Power of Attorney may also designate the Principal's wishes regarding the use of life-prolonging medical procedures. A Health Care Power of Attorney is typically only effective upon the Principal's incapacity. |
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