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.

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

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

Kansas

Since 1984

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

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

Douglas County Estate Planning Council

member

2008 - Current

Q. How should we title our cars with husband's & wife's name: with OR or AND?

March 22, 2022

A: From the Kansas Department of Revenue Motor Vehicles Department website: In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below: And - All persons listed before and after the “and” must sign. and/or - Either person listed can sign, only one signature required. Or - Either person listed can sign. Only one signature is required. Due to difficulties with other titling jurisdictions interpretation of “and/or” differently than that from Kansas, it is suggested that if you want only one person to be allowed to sign all transactions for a vehicle, the word “or” should be used between names. The Kansas Division of Vehicle interprets two or more names with no connection between the names to be “and”, which will require all persons listed to sign as owner. A pretty clear answer to your question.

Q. My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?

March 22, 2022

A: A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with the court pursuant to K.S.A. 59-618a to preserve it for later use. A trust created white the grantor was living would typically name a trustee to succeed the initial trustee and identify some qualification for such successor trustee. Your wife should consult with an attorney to sort out the steps to take to manage the affairs of the trust and/or the probate estate.

Q. If a person passes before they receive their share of an inheritance, where does the money go.

February 22, 2022

A: If a person is appointed as executor of an estate, that person is answerable to the judge or court who appointed her or him. If a beneficiary of a probate estate predeceases the distribution, the court would most likely refer to the provisions of the will. If the will did not provide some requirement that the beneficiary survive by a certain date, then the money would be an asset of the person who passed away after the person whose estate is being probated. If there is an estate in probate court, the judge must approve the final distribution. It has been some time since your aunt's passing. If there was a probate estate filed, the court may have dismissed it for failure to prosecute. Furthermore, an executor typically has a nine month period to act, which period may be extended by the court for an additional nine months at a time, as needed. An attorney should check to see the status of any case and seek authority to close out the estate. Given the amount of time that has passed and the uncertainty about the status or existence of an estate and how the asset may relate to a probate estate, your mother should immediately seek the assistance of counsel.