Frequently Asked Questions

Were you ticketed for speeding or another traffic offense? Perhaps the officer said that you rolled through that stop sign, or were driving too fast for the road/weather conditions? Just because a law enforcement officer issued you a ticket does not mean you should plead guilty or no contest. An experienced traffic attorney will explain your options and offer an opinion on what action you should take.

We know that our clients are very busy people and often do not want to waste time coming to our physical office. As a result, we do a significant amount of work with clients completely over the internet or over the phone. Moreover, we try to work it so that you will either not have to go to court or limit your appearance to once. We are not able to do this in every case.

If a law enforcement officer has issued you a traffic ticket, that does not necessarily mean that you are guilty or have to pay it. At Riling, Burkhead & Nitcher, our attorneys are dedicated to protecting the rights of our clients. Many people assume that when they receive a ticket, their only option is to simply pay it. An experienced traffic lawyer will tell you that simply accepting your "fate", so to speak, can have a negative impact on your life.

By paying the ticket and mailing it in, you are pleading guilty or no contest in some courts. This can increase your car insurance rates, affect your license to drive, and in some instances, even your employment. An experienced traffic attorney can often protect your driving record by having the charges amended or diverted; or in some cases, even having the ticket dismissed. If you have a Kansas driver's license, you need to know whether the traffic violation you have been issued is considered "moving violations." A conviction for a moving violation will go on your record and may cause your insurance rates to go up.

Our traffic attorneys handle tickets in both Kansas and Missouri. We will take the time to explain the legalities of what can often be a complex system. For example, in Kansas, if you get too many tickets within a 12-month period, the Kansas Department of Revenue may suspend your license. In addition, you must notify the Kansas Department of Revenue of your new address within 10 days of moving. Failure to do so may result in a citation if you are pulled over. Unlike Kansas, Missouri uses a point system, and if you get too many points from moving violations, Missouri may suspend your license. You need to know that just because something is a moving violation in Kansas, does not mean that it is one in Missouri, and vice versa. Whether or not it is considered a moving violation for purposes of your driving record depends on what state issued your driver's license.

When you receive a traffic ticket, you should not mail the fine in and forget it! At Riling, Burkhead & Nitcher, our experienced attorneys will explain what can be done and why you should never pay a ticket without consulting a lawyer. We will inform you of what rights you have, and how we may be able to help you negotiate your ticket to keep it off your driving record. This will help to ensure that your insurance rates do not go up, and that you do not risk losing your license due to too many tickets. Contact us today about your options.

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.

John Nitcher, Bobbie Lee Riling, and Samara Miller in our firm handle divorce and post divorce cases. Call (785) 841-4700 to set an appointment. We do not offer free consultations.

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.

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.

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 (willmaker).

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.

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, a 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).

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.