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.

• General Civil
• Probate Law
• Wills and Trusts

• Free Consultation
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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. “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my

March 19, 2024

A: The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.

The language does not give up a named executor’s right to serve as executor.

Q. Next door neighbor wants to claim about six to eight feet of our property is theirs to

September 21, 2023

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. ... Read More

Q. Lease agreement terms

June 1, 2023

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.