Month: March 2017
CLINKSCALES: Know your agents
I scheduled a meeting with the children, one of whom was the trustee of the trust as named by his parents. Much to my surprise, the meeting was very tense. Before I knew it, they were rehashing issues from years ago – “Mom helped you more”; “Dad gave you money to start your business and you never paid him back”; and so on.
I realized that the son/trustee was ill-equipped to handle such a contentious job. I was more than a little frustrated that my clients had not let me know of the significant family dynamics.
When planning an estate plan, you are going to be called on to designate someone to act in a financial position, whether that is an executor of your will (in a probate), as trustee of your trust (during the trust administration), or as your agent under a power of attorney.
Unfortunately, incidents of financial abuse are on the rise – significantly. It is crucial for individuals to realize how important that financial position really is. While the document appointing an agent, executor or trustee can (and should) clearly identify the restrictions on power and authority, the facts are that by the time a violation is discovered, the absconded money or property may be gone or unrecoverable.
Let’s take it to another level. What if the person you appointed has bitterness or grudges against the other beneficiaries? Do you trust that person to be “fair” in managing and ultimately distributing your property after your death?
Is your appointed person strong enough to survive the arrows shot at him or her from other family members?
Recently a client revealed to me that her son (who she had named as her trustee of her trust, upon her death or disability), accused her of ignoring his advice, and further, that she coddled one of the other children.
Alarms went off in my head. After consulting with my client, we immediately changed the appointed agent to a disinterested third party (her accountant).
I STRONGLY suggest that when you visit with your attorney about your agents (for any position), you let that attorney know of any actual or perceived family difficulties involving the proposed agent. Also, ask yourself if that agent wants to be in that position, or should be in that position.
Back to my story of the disgruntled family. Eventually I had the trustee/son appoint a third-party to take his place (in this case, a commercial trustee).
Please be aware of family dynamics when deciding on who should be your financial agent in your power of attorney, will, or trust. By facing those issues now, you can save your family a lot of heartache and loss of close ties by properly designating the appropriate agent.
Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.
Wednesday’s state basketball tournament results
BOYS’ BASKETBALL
Class 2A State Tournament
Bishop Seabury Academy 59, Ness City 47
Hoxie 74, Sedan 57
Salina Sacred Heart 55, Hillsboro 54
St. John 51, Pittsburg Colgan 38
Class 4A – Division I
Abilene 83, Mulvane 58
Andover Central 77, KC Piper 71
Bishop Miege 81, Louisburg 47
McPherson 65, Labette County 47
Class 4A –Division II
Holcomb 65, Smoky Valley 45
Pratt 69, Burlington 48
Topeka Hayden 75, Rock Creek 51
Wichita Collegiate 79, Frontenac 69
Class 6A State Tournament
BV North 61, Olathe Northwest 37
BV Northwest 70, Garden City 54
Lawrence 51, Manhattan 44, OT
Lawrence Free State 48, Wichita South 42
GIRLS’ BASKETBALL
Class 1A – Division I
Centralia 67, Quinter 34
Hanover 49, Dighton 34
Olpe 61, Stockton 53
South Central 62, Rural Vista 43
Class 1A – Division II
Golden Plains 60, Hutchinson Central Christian 38
Otis-Bison 53, Caldwell 46
Waverly 49, Wetmore 44
Wheatland-Grinnell 69, Fowler 37
Class 3A State Tournament
Cheney 44, Council Grove 29
Hays-TMP-Marian 61, Wichita Independent 29
Hugoton 44, Riley County 24
Nemaha Central 47, Humboldt 37
Class 5A State Tournament
Leavenworth 45, Newton 40
Maize 51, DeSoto 17
Salina Central 58, KC Schlagle 47
St. Thomas Aquinas 37, Wichita Bishop Carroll 23
Survey: Two northwest Kansas communities among the state’s safest
The National Council for Home Safety and Security has offered its annual list of the safest cities in Kansas.
The survey used FBI statistics to examine the rates of violent and property crimes in cities.
Two northwest Kansas communities made the list, with Colby earning the 21st spot on the list and Hays ranking 23rd.
Click HERE for the entire list and methodology.
Area high school games will be broadcast on Eagle Ch. 14 and 614
Catch these rebroadcasts of area high school basketball games on Eagle Cable Channels 14 and 614!
4A Division 1 Sub-State Semifinals
Hays High boys vs. Buhler – Saturday @ 2pm
4A Division 1 Sub-State Semifinals
Hays High girls vs Ulysses – Saturday @ 3:30
4A Division 1 Girls Sub-State Final
Hays High girls vs. McPherson – Saturday @ 7pm
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3A Girls Sub-State Quarterfinal
TMP girls vs. Phillipsburg – Sunday @ 2pm
3A Boys Sub-State Quarterfinal
TMP boys vs. Ellsworth – Sunday @ 3:30
3A Girls Sub-State Semi-Final
TMP girls vs. Beloit – Sunday @ 7pm
3A Girls Sub-State Final
TMP vs. Russell – Sunday @ 8:30
Latest celebration of Fort Hays 150th will focus on women on the frontier
Submitted
The third program in a series of events to celebrate the 150th anniversary of Fort Hays in its present location will be held at 2 p.m. on Sunday, March 19, in the Historic Fort Hays visitor’s center. This program will focus on “Frontier Military Posts and the Women Who Called Them Home.”
You will come to know the different classes of women on post, their day-to-day routines, their social interactions, and on a more personal note, how they functioned under Victorian and military constraints. This is an opportunity to learn more about these noble women, who along with the soldiers, found themselves “in harm’s way.” Through the accounts they left behind, we are left with compelling stories of life alongside the frontier military. These women provided a sense of home and civilization in an otherwise challenging situation. It is a unique and fascinating perspective of life in the American West. Pioneers in their own right, their story is well worth the telling.
This program will be presented by Marla Matkin a lifelong Kansan tracing her roots to her great-grandparents, who homesteaded in southwest Kansas in 1877. Growing up near Dodge City, her love for history developed at an early age. Ms Matkin received a degree in education from Fort Hays State University and was a teacher for several years. Time and exposure to American History, and the West in particular, only increased her curiosity. Becoming a living historian and independent scholar was a perfect marriage of history and theatre, yet another of her interests. For over twenty years she has traveled extensively throughout the Midwest and West presenting programs trying to keep our history alive and relevant.
This program is free and open to the public.
After 18-hour debate, GOP takes first step to dismantle Obamacare
WASHINGTON (AP) — Republicans have won the first round in their fight to dismantle “Obamacare.” After nearly 18 hours of debate, Republicans in the House Ways and Means Committee pushed through legislation to abolish the tax penalty the Affordable Health Care Act imposes on people who don’t purchase insurance.
We’ve just passed historic legislation that will help Americans finally have access to affordable health care.https://t.co/2ZgN8l1bDV
— Ways and Means (@WaysandMeansGOP) March 9, 2017
Former President Barack Obama’s so-called individual mandate is perhaps the part of the health care law that Republicans most detest.
AND THE AYE’S HAVE IT: @WaysandMeansGOP has acted to end Obamacare’s job-killing employer mandate. Again, all W&M Dems voted to keep it…
— Ways and Means (@WaysandMeansGOP) March 9, 2017
The committee is adjourned
Ways & Means Democrats showed we won’t back down from a fight to protect Americans’ health care. #ProtectOurCare
— Ways and Means Dems (@WaysMeansCmte) March 9, 2017
Sunny, warmer Thursday
Today Sunny, with a high near 75. North wind 9 to 14 mph becoming light and variable in the afternoon.
Tonight Mostly clear, with a low around 28. Northeast wind 8 to 15 mph.
Friday Mostly sunny, with a high near 49. Northeast wind 10 to 13 mph becoming southeast in the afternoon.
Friday Night A slight chance of rain showers between midnight and 4am, then a slight chance of freezing rain after 4am. Increasing clouds, with a low around 31. Southeast wind 8 to 11 mph. Chance of precipitation is 20%.
SaturdayA slight chance of rain showers, snow showers, freezing rain, and sleet before 11am, then a slight chance of rain showers between 11am and noon. Partly sunny, with a high near 47. North northeast wind 8 to 14 mph. Chance of precipitation is 20%.
Saturday NightMostly clear, with a low around 24.
SundayMostly sunny, with a high near 59. Breezy.
2 Kansas women dead after 3-vehicle semi crash
SALINE COUNTY- Two Kansas women died in an accident just before 4p.m. on Wednesday in Saline County.
The Kansas Highway Patrol reported a 2017 Freightliner semi driven by Kirk N. Simms, 41, Lakewod, NJ., was northbound on Interstate 135 just north of Magnolia Road.
The semi left the roadway and crossed the median where it struck a southbound 2013 Kia Soul driven by
Marilyn R. Mayo, 63, Salina, in the driver’s side, causing it to strike the guardrail which impaled the rear of the vehicle.
A KDOT truck driven by Michael K. McDaniel, 23, Salina, took evasive action and the vehicle was struck on the rear driver’s side.
Mayo and a passenger Emma L. Thomas, 96, Marquette, were transported to Salina Regional Medical Center where they died.
McDaniel was also transported to Salina Regional Medical Center.
Simms and a passenger in the semi were not injured.
Mayo was not wearing a seat belt, according to the KHP.
Kan. woman accused in gun vandalism charged with damaging tractors
PAWNEE COUNTY – A Kansas woman made a first court appearance Wednesday in Pawnee County court in connection with a series of reported vandalism using a gun.
Michele Cresci, 48 of Pawnee Rock, faces a five-count complaint: four counts of Criminal Damage to Property of at least $1,000, but less than $25,000, and one count of Criminal Damage to Property of less than $1,000, a Class B nonperson misdemeanor.
The Complaint alleges that three tractors and two structures were damaged in separate incidents in rural Pawnee County between July 31 and September 19 of 2016.
The felony charges carry prison sentences between 5 and 17 months with the Kansas Department of Correction depending on the defendant’s criminal history.
A Preliminary Hearing has been scheduled for March 22, 2017.
Police say Cresci also confessed that she was the person shooting a gun in a security camera video at the Yoga Central Studio, 6003 10th Street in Great Bend.
She is being held in the Pawnee County Jail on a $5,000 bond.
Kansas Ag Month kicks off with statewide food drive campaign
KDA
MANHATTAN — The Neighbor to Neighbor statewide food drive kicked off Kansas Agriculture Month in support of our neighbors in need and to reduce hunger in Kansas communities.
Harvesters–The Community Food Bank in Topeka, Kansas, hosted state leaders, including Governor Sam Brownback, representatives of the food banks of Kansas, Dillons Food Stores employees and members of the Kansas agriculture community.
The food drive is a collaborative effort by the Kansas Department of Agriculture, Dillons Food Stores, Harvesters–The Community Food Network, Kansas Food Bank, Second Harvest Community Food Bank and the Kansas agriculture community. The goal is to raise 85,000 meals for Kansas families during the food drive throughout the month of March.
Kansans can contribute to the campaign at Dillons Food Stores statewide, at other community locations across the state or through the virtual donation portal, https://ksn2n.harvestersvfd.org.
Governor Brownback signed a proclamation declaring March as Kansas Agriculture Month and March 21 as Kansas Agriculture Day. He also stressed the importance of serving our neighbors in need as well as educating all Kansans about how the food they eat transitions from farm to fork.
Governor Brownback recognized the value of agriculture to the state of Kansas and thanked the food banks for their service to our state. Staff from the three food banks, representatives from Dillons Food Stores, Kansas FFA officers and representatives from the Kansas Department of Agriculture and other state agencies and agriculture organizations then joined together to pack boxes of food to be distributed to Kansans in need.
“It is important for all of us to work together to feed those in our Kansas communities who are food insecure, because when families and children have enough to eat, our communities are stronger and our state is stronger,” said Brian Walker, CEO of Kansas Food Bank. “We greatly appreciate our partners in the Neighbor to Neighbor food drive and we encourage Kansans to join us in this statewide effort.”
Dillons Food Stores made an initial donation of several thousand pounds of non-perishable food items at the kickoff event, where the participants packed 287 boxes of food to be distributed to low-income seniors in Kansas.
To learn more about the Neighbor to Neighbor statewide food drive and ways to participate in Kansas Agriculture Month, visit www.agriculture.ks.gov/ksagday.
TMP advances with dominant win
By JEREMY McGUIRE
Hays Post
TMP 61, Wichita Independent 29
HUTCHINSON, Kan-TMP used an 11-2 first quarter run to take an early advantage over Wichita Independent in their opening round match-up at the 3A State Tournament in Hutchinson. Kayla Vitztum led the Lady Monarchs with 6 first quarter points. TMP led 11-6 going to the second quarter and cruised to a 61-29 win.
The Lady Monarchs opened up a big second quarter lead thanks to their defense turning into quick points on the offensive end. TMP used a 9-0 run and an 11-0 in the second quarter and led 34-13 at halftime. The Lady Monarch dominance continued in the third quarter as their lead grew to as many as 35 points. TMP went deep into the bench for the remainder of the game.
Vitztum and Megan Koenigsman led TMP with 14 points apiece. Madyson Koerner, Deonna Wellbrock and Katelyn Zimmerman had 8 points each to lead TMP. Lea Coccetella had 15 to lead the Lady Panthers who finish their season at 16-8. TMP has now won 21 straight and they push their record to 23-1. They will face either Cheney or Council Grove in the semi-finals on Friday in Hutchinson.
ROSE MCFARLAND INTERVIEW
GAME HIGHLIGHTS
Cooking class Thursday at Hays Public Library
HPL
Join us at the library on Thursday, March 9, at 6 p.m. for another edition of “Eat Your Words.” This bimonthly program emphasizes easy, delicious recipes for home cooks. Whether you’re a seasoned chef or a beginner, you’ll enjoy this class.
This month, the featured recipe is Italian minestrone soup – the perfect soup for changing seasons. Minestrone is also a meatless soup, so the recipe may come in handy for anyone who avoids meat on Fridays during Lent. Come alone or with a friend as you see how this soup is made, then taste the results! You’ll also get to take home a copy of the recipe.
For more information on this and other programs, please visit hayspublib.org or call (785) 625-9014.