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Missouri Questions & Answers
1 Answer | Asked in Probate for Missouri on
Q: my mother passed, do i need to go through probate if i am on all her bank accounts, she lived with us , we`re co owners

she has a will , but no other property

Lloyd M. Nolan
Lloyd M. Nolan
answered on Sep 19, 2022

If you are a co-owner of the accounts with a JTWROS (Joint Tenants with Right of Survivorhsip) designation, then those accounts pass directly to you and no probate is required for those accounts.

1 Answer | Asked in Personal Injury for Missouri on
Q: Am I able to sue or do something about a fall in that city? I broke my foot and hurt my arm from a dark hole I fell into
Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

A Missouri attorney could advise best, but your question remains open for a week. It could depend on the total circumstances, whether the fall was the result of poor lighting, engineering defect, negligence in maintenance, etc. The best way to answer your question would be to reach out to Missouri... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Suing a Scammer

I was asking my scammer lives in the us but lives in another state but can u sue a scammer I've been told by a another attorney that it would have to be civil lawsuit. it happened in august of 2018 and they said the statue has likely ran out in the state of Missouri. they said missouri has... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 18, 2022

The statute of limitations would depend upon the cause of action, i.e., type of legal claim. If you wish to sue for fraud and if Missouri law governs, the you've got 5 years under Mo. Rev. Stat. 516.120(1), with the possibility for it to be extended dependin upon when the fraud was discovered.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I purchased a house in MO, after moving in I found out that the inspector didn't do his job, who should pay for repairs?

House was fully remodeled not up to the code.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 18, 2022

The issue of whether you should pay to repair your home is different from whether you might be able to pursue a claim agains the seller or home inspector. I assume you are referring to an inspector whom you hired. Home inspection contracts are generally terribly one-sided in favor of the... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: can a warehouse make you wear a ponytail if you don't work around or pass thru any machinary
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 18, 2022

Unless the employer is discriminating against a work based upon the worker's being in a protected class, yes. It's no different than the employer mandating the an employee wear orange shoes with polka dots--odd and perhaps not rational--but not unlawful.

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1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Vehicle has been left at my house over a year, it can I charge storage fee? Loan is over 10 years old, get lein release?

The vehicle has been left at my house over a year, I'm asking bout storage fees, but there is lein for default on the loan. The loan is over 10 years old. What options do I have as far as getting lein released to register the car or atleast get storage fees. But I don't want the debt or... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

If there is a lien on the vehicle, you should first contact the lien holder and see if they would be interested in releasing the lien based on the age and abandonment of the vehicle. If they are unwilling to do so, your best bet is to tell them to come pick up their vehicle. I am unaware of a way... Read more »

1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.

1 Answer | Asked in Criminal Law for Missouri on
Q: sentenced to 5 Years Doc, SES, 5 Years of Probation in Missouri does that mean they was sentence to prison
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Sep 16, 2022

It means that the defendant was sentenced to 5 years in the Missouri Department of Corrections, that the execution of the sentence was suspended and the defendant was placed on 5 years of probation.

In other words yes the defendant was sentenced to prison but no they will not be going...
Read more »

1 Answer | Asked in Contracts and Business Law for Missouri on
Q: Can I sue Amazon for publishing my book without my knowledgel?

I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.

Based on this information, it may make sense to develop a litigation strategy.

1 Answer | Asked in Car Accidents and Municipal Law for Missouri on
Q: Is there a distance requirement the state must maintain? As in a minimum distance for brush and tree limbs from the side

Brush blocks the view of a driveway in a 55 mph zone

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2022

A Missouri attorney could advise best, but your question remains open for three weeks. You'd probably get the most reliable guidance from an attorney or lawmaker familiar with the specific region. The requirements you describe are often governed by local ordinances, in addition to any state... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: I was vested in beloit corp pension before there bankruptcy. How do I find who took over the pension now

I'm close to my retirement age. I have not received any information on this sense they went bankrupt

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Contact the bankruptcy trustee. They may be able to tell you the name of the current plan admin and the status of it.

1 Answer | Asked in Immigration Law for Missouri on
Q: I am on j2 visa, can I buy cryptocurrency if I don't plan to sell it or trade it but hold it
Samuil Buschkin
Samuil Buschkin
answered on Sep 11, 2022

The short answer is yes. The issues may arise when it comes to setting up a crypto wallet unless you already have that. But generally your visa status and your legal right to purchase liquid assets are not directly related.

1 Answer | Asked in Family Law and Real Estate Law for Missouri on
Q: My spouse moved out of our home 8 years ago and I never removed them from the title. Is he entitled to any proceeds?

My fiancé moved out 8 years ago due to an abusive relationship. I’ve had full custody of our 4 kids ever since then. He made 3 years of payments on the house while we were together, but I’ve made the last 8 years of payments by myself. I’m wanting to sell my house and move soon. Is my ex... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 3, 2022

There are a couple of considerations you need to make in order to answer your question. First, the loan you and your ex have is with the mortgage company. That lender is not invested in your personal situation and is just interested in 1) whether the mortgage payments have been made, and 2) that... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: a new hire is doing the same job as me but without experience is making $10,000 more than me, what can i do?

I have 20 years experience, the new hire has none. I have to train this person as well.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 1, 2022

You can ask for a raise. You can also look for a different employer becasue you probably have skills that merit a higher salary.

1 Answer | Asked in Identity Theft and Employment Law for Missouri on
Q: Can a company require you to wear a credit card as a company ID badge?

It's a corporate card with access to both company and my personal funds. It has a picture but is not microchipped. This is the company ID as well. They require it to be worn visible on site. I'm getting ready to pay a year's worth of taxes so that's a pretty good amount of money on the card.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 29, 2022

Your employer's practice strikes me as odd, but Missouri is an employment at will state and in general an employer is not prohibited from enacting odd workplace rules and terminating employment if an employee won't abide.

If you haven't done so, I suggest you voice your...
Read more »

1 Answer | Asked in Probate for Missouri on
Q: My father died without a will. He has 5 acres and a house. He has 3 children. When I was 13, he relinquished his

parental rights. An aunt and uncle had legal custody until I was 18. Am I an heir to his estate?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 22, 2022

I'm not entirely clear, without seeing the Judgment, but I tend to think that you are entitled to inherit. Unless you were actually adopted as the legal child of your aunt and uncle, you should still maintain your right to inherit. Often when a parent is unable to handle the... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: My son was to be home Sunday in custody papers what they say and he is refusing to bring him back how do I get him back?
Kristen Thurmond
PREMIUM
Kristen Thurmond
answered on Aug 22, 2022

The first thing to do is try to text or email the other parent why he or she is refusing to return your child. If they do not respond, give a valid reason, or agree to return the kid promptly to you, then you can file a family access motion and what is known as a writ of habeas corpus if it appears... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 22, 2022

You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are...
Read more »

1 Answer | Asked in Trademark for Missouri on
Q: does a trademark on "EXTRA THANKFUL THIS YEAR" mean that I can not print the phrase in large print on a shirt?

I'm under the impression that trademarks are for business recognition so that "Extra thankful this year" trademarked would protect this as say a business slogan similar to "just do it". It would seem that I can still print "Extra thankful this year" as a baby... Read more »

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

Yes, you are free to use, print for your personal use the mentioned slogan.

What is actually prohibited when it comes to trademark is the use of trademark in business in protected jurisdiction territory for protected goods or services.

If you have any...
Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... Read more »

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