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Oswalt, Roberts & Oswald Legal Blogs

What to Do After an Accident When the Other Driver Doesn't Have Insurance

Wednesday, May 30 2018 9:13 AM
Categorized In Legal
Getting into an auto accident can be one of life’s worst experiences, but to compound the problem with the discovery that the other driver isn’t carrying insurance makes the situation even more problematic. Who’s going to pay for the damage to your vehicle and any medical costs you incur? In Kansas, drivers are required to hold a ... Read Article

How Can Hiring a Real Estate Attorney Help in Buying and Selling a Home?

Monday, April 30 2018 9:36 AM
Categorized In Legal
Your home is the single most important investment you likely will ever make. In such a transaction there are many unseen variables at play. Employing the aid of an experience real estate attorney will benefit both buyers and sellers, making sure that all factors are accounted for and your needs are supported. Here are six ways a real estate attorn ... Read Article

Should I Start an LLC, Partnership, or Corporation in Kansas?

Friday, March 30 2018 11:19 AM
Categorized In Legal
Starting a new business venture presents you with three unique options: do you create a partnership, a limited liability company or a corporation? Here are some factors to consider. What is the intended lifespan of the company? How many investors are involved? What is the extent of the investors’ ownership and liability? How much time a ... Read Article

What to Know if You are Summoned to Court as a Witness

Monday, February 26 2018 11:23 AM
Categorized In Legal
If you’ve witnessed a crime or have evidence pertaining to a crime, you may be required to testify at a trial or another court proceeding. This is a very important role in the justice system, because your testimony may help determine the guilt or innocence of a defendant on trial. With that in mind, here are some good things to know if you ar ... Read Article

How to Access a Deceased Relative’s Safe Deposit Box in KS

Tuesday, January 30 2018 10:47 AM
Categorized In Legal
It’s difficult for everyone in your family when a relative passes away, but part of the healing process is making sure all of their possessions and final bequeathments are carried out accordance with their wishes. Here’s a short guide on what you’ll need to access a deceased loved one’s safe deposit box. The first things yo ... Read Article

How Can You Collect on Back Child Support Payments in Kansas?

Wednesday, December 20 2017 2:58 PM
Categorized In Legal
The withholding of child support is one of the reasons many Kansas children are growing up in poverty. That’s why the Federal and Kansas governments have systems in place to enforce the child support court order, and assist you with collecting the amount you’re owed to help raise your child. The Kansas Child Support Enforcement Program ... Read Article

Are You Legally Responsible for Your Child’s Actions in Kansas?

Monday, October 23 2017 11:20 AM
Categorized In Legal
Every state has parental responsibility laws that hold parents responsible for certain actions taken by their minor children, but in this article we’ll discuss specifically what laws apply to parents in Kansas. These actions apply to property damage, personal injuries and more depending on the circumstances. The Kansas Statutes section 38-12 ... Read Article

Understanding Child Custody in Kansas

Friday, September 29 2017 9:12 AM
Categorized In Legal
When couples with children separate or divorce in Kansas, the decision has to be made concerning what level of custody each parent receives. Decisions made mutually between the parents are usually honored by the courts, but if there isn’t a consensus the courts must decide custody. These decisions are made based on the best interests of the ... Read Article

How Does Your Student Debt Affect Your Spouse in Kansas?

Wednesday, August 23 2017 9:49 AM
Categorized In Legal
If you’ve incurred sizable student debt or are planning to take on student loans in the future, you might be wondering how this will affect your current or future spouse. You also might be married to or are thinking of marrying a spouse with substantial student loan debt and are wondering if you would be jointly responsible for paying off tha ... Read Article

Do You Need a Contract Attorney for Legal Documents?

Friday, March 24 2017 9:07 AM
Categorized In Legal
If you’ve ever signed a contract, you’ve probably wondered whether you should get an attorney involved to review the agreement to make sure you’re being treated fairly and all your interests are looked after. Often we’re told that a contract is “standard” or given a summary of what the agreement entails, but how ... Read Article

Who Should You Name as Your Medical Power of Attorney Representative?

Monday, February 20 2017 10:57 AM
Categorized In Legal
Medical Power of Attorney is a legal designation given to a person of your choosing allowing that person (known in Kansas as a “healthcare agent”) to make healthcare decisions for you in the event you become unable to make those decisions yourself. This is a very important decision, but whom should you choose? Let’s talk about the ... Read Article

Should You Sign an Oil and Gas Leasehold Agreement?

Monday, January 30 2017 11:58 AM
Categorized In Legal
Landowners across Kansas are often contacted with proposals from the oil and gas industry regarding the use of their land for drilling wells. It’s at a time like this when you need to have patience, because if you rush into an oil and gas agreement without having all the facts you could be missing out on money and opportunities you weren&rsqu ... Read Article

Should You Have an Attorney Present When Answering Questions from Law Enforcement?

Thursday, December 29 2016 11:24 AM
Categorized In Legal
It’s a difficult spot to be in - the police have requested an interview with you relating to a crime or are actively questioning you about an event you’ve witnessed or could possibly be a suspect for. You may feel the urge to unburden yourself and give statements to law enforcement immediately, but this could seriously backfire later on ... Read Article

Should You Get a Prenuptial Agreement in Kansas?

Wednesday, November 30 2016 11:12 AM
Categorized In Legal
Prenuptial agreements can be a tricky subject to tackle before entering a marriage, but they can also make sure both parties have their interests looked after in the event of a divorce. As no two marriages are the same, each situation pertaining to a prenup should be evaluated separately. In some circumstances a prenup isn’t necessary, in ot ... Read Article

When is the Right Time to Declare Bankruptcy?

Monday, October 31 2016 9:56 AM
Categorized In Legal
If you’re struggling with debt, you’re probably wondering if declaring bankruptcy would help or hinder your situation. Bankruptcy may be the best answer to your tough financial situation. Are you experiencing any of the following? Frequent calls from debt collectors Overwhelming credit card debt Large medical bills Vehicle reposse ... Read Article

What You Should Know About Home Foreclosures in Kansas

Wednesday, September 28 2016 4:55 PM
Categorized In Legal
In Kansas, a home foreclosure is a process started by a mortgage lender usually when a homeowner is three months behind in payments on the mortgaged debt. The lender then files a lawsuit in the county where the homeowner lives and then serves the homeowner with that lawsuit. While this process is often difficult and stressful, it is not impossible ... Read Article

How Do You Get a DUI Expunged in Kansas?

Wednesday, August 31 2016 9:57 AM
Categorized In Legal
A DUI conviction can severely disrupt your life and cause you to miss out on opportunities in the future. It will show up in your criminal record when employers are considering hiring you, when lenders are determining whether or not to give you a loan and could even make you ineligible for some forms of advanced training and certifications. So how ... Read Article

3 Things You Should Do First if Injured at Work

Friday, July 1 2016 11:15 AM
Categorized In Legal
Work related injuries are stressful and confusing even under the best circumstances. Understanding the basics of worker’s compensation can lessen the impact of a worker related injury. Here are three things you should do if you suffer an injury at work. Report Any and All Incidents Failure to report an accident or improper reporting can lea ... Read Article

Who Is Eligible for Social Security Disability Benefits?

Thursday, June 9 2016 4:32 PM
Categorized In Legal
Social Security disability benefits are monthly cash payments available to people who have worked in jobs covered by Social Security and have a medical condition that meets the department’s definition of disability. These benefits are available to people with a total disability that is expected to last a year or longer, and not to people with ... Read Article

What Happens to Your Property If You Die Without a Will in Kansas?

Friday, April 29 2016 4:34 PM
Categorized In Legal
Death is always a terrible tragedy for a family to endure. But when someone dies without establishing a legal will, there are even more challenging issues for a family to face. To highlight the importance of having a will, here are the Kansas state laws that pertain to assets if a person dies without a will. A person who dies without a will in Kan ... Read Article