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, 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. My fiance works and im a stay at home mother, we are buying a home. Can i be on the deed with no income?

18 November 2020

A: A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would be willing to enter into, but if both fiancés are on the lease, it would consistent to have both on the purchase/deed arrangement.

Q. fsbo ,"as is" need to know what paperwork is needed so I will be protected from being sued in the future.

16 November 2020

A: It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the property. There may be disclosures that are required by law, such as the lead paint disclosure. Title insurance is typical, whether paid for by the seller or by the buyer. A title insurance policy has limitations, but it generally is a policy that guarantees that the seller is the record title owner and that there are no conflicting claims. A settlement statement is an accounting of the money involved in the transaction, providing for, among other things, a proration of taxes between buyer and seller, payment of costs consistent with the sales agreement, and distribution of the net proceeds to the seller once the deed is recorded. There is a deed from the seller to the buyer. The deed is typically a warranty deed, providing a warranty by the seller that the seller has good title and will defend the claim of title against all adverse parties. A quitclaim deed makes no representation that the seller has good title, but simply conveys to the buyer whatever interest in the property the seller does own. You should have the assistance of an attorney to prepare the necessary documents.

Q. My Grandmother died with no will and her land went to her 3 children, we live in Kansas.

16 November 2020

A: The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common probate proceeding. If no probate proceeding was initiated before six months after the date of death had passed, a determination of descent proceeding could occur. In either of those proceedings, an order could result in which the heirs at law and their interests in the real property are identified. One heir could, by agreement, direct her interest to another person. Until a proceeding occurs, the ownership changes do not occur. The heir who owns one-third of the property could, after the probate proceeding is complete, file a separate civil case to partition the property. In a partition action, the court could divide the property if it is divisible, or compel its sale and provide for a division of the net proceeds. Your mother should seek legal assistance to determine a plan of action to protect her interests.