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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Real Estate Law for Missouri on
Q: IN missouri, If home is titled "husband and wife" is this the same as tenants by the entirety?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2022

In Missouri, a married couple taking title as husband and wife are taking title as tenants by the entirety.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: Mother past away in Missouri. Left will giving paid off house to my older sister in will.

The remainder 4 siblings are getting nothing. Is this legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 30, 2021

If your mother was competent when she made her will, she was entitled to leave her house to whomever she wanted. There is no legal requirement that a parent leave property equally to children. If you believe she was not competent at the time she prepared her will you should consult an attorney.

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: how do I tell if i have a lien on my property in missouri, cass county?

If i have a civil judgement, but the loan is strictly in my wifes name, but being married my name is on the deed, will that judgement money be taking out of the sale of the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 16, 2021

To see if the judgment has been filed as a lien against your house, you can ask a title company to run a property profile or a preliminary title search on your home. That will reveal if the lien has been filed. If so, and the house is in both your name and your wife's, it is likely the lien... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do both home owners' names have to be listed on the listing contract with a real estate agent? Owners aren't married.
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 30, 2021

The short answer is yes. All persons who are owners of the property must sign the listing contract because all of them have to agree to sell and all must participate in the transaction.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: No Itemized List of charges within 30 Days

In missouri, we moved out and had a charge through our online resident portal within 30 days. There was no itemized list. After those 30 days, we received an itemized list of charges thru an email. Do we have to pay the amount even though we did not receive the itemized list until after the 30 day... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 18, 2021

I would recommend you take a look at RSMo Section 505.300. It deals with the landlord's obligations regarding security deposits. If you have any questions, you should consult an attorney.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I remove EX partner from deed/loan?

My ex partner and I bought a house together 13 years ago. She lived in the house for 3 months then left. She has not paid any of the mortgage, taxes, repairs ect. We only paid $2500 down at the time of mutual money. I want to refinance but she refuses to sign quit claim deed. What are my options?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 10, 2021

If your ex refuses to sign a quitclaim deed, your other option is filing a court action for partition. It is a generally a short process but it carries several risks. You should definitely consult an attorney about the pros and cons to see if it is in your best interest in your circumstances.

2 Answers | Asked in Real Estate Law for Missouri on
Q: In Missouri is there a standard time after a real estate contract is expired that you can sell your property yourself

And not pay the realtor commission?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 25, 2021

If your agent used the Missouri Department of Real Estate form there is a space filled out that sets out that time period. If you’re unclear, have the contract reviewed by an attorney.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can anything be done about a nuisance property in Missouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

Nuisance properties are often regulated by local (city or county) ordinance. You can usually find those online, along with the agencies who receive those complaints.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Should I sign a quit claim deed while I am still responsible for the mortgage?

My ex husband retained the home. He is claiming the bank won't refinance him to remove me from the mortgage without me signing a quit claim deed first.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

In order to refinance, your ex's bank will require you to release your interest in the property, but only at the closing of the refinancing. That will take place at the office of a title company when your ex signs the documents refinancing the home. You should not sign a quitclaim deed without... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: How much communication do I as executor of a will have to give the beneficiaries of the will?

My mother passed away a week ago I was named the executor of the will. Myself and my 3 siblings are the beneficiaries of the will. One of the siblings is wanting me to keep her constantly informed of everything and that everything has to be a group decision. It is impossible for me to get anything... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 3, 2021

The answer to your question is generally found in the will itself. Most wills provide a time requirement for the personal representative to provide reports to the beneficiaries. Definitely no less than one time per year. If there is no such provision in the will, you and the attorney handling the... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: Does my father need a will?

My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 2, 2021

If your father's estate value is under $40,000, it is considered a "small estate." The procedure for distribution of assets in a small estate is governed by Mo Rev. Stat. Section 473.097 and the statutes references in that section. If you have any questions you should consult and attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: my landlord told us that we had until the 28th to get out, she's not renewing our lease, it ends in May can they do that
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 3, 2021

The rules about how a landlord can terminate a lease are in Missouri revised statute 441.060. Your landlord is required to follow those rules.

1 Answer | Asked in Consumer Law, Estate Planning and Banking for Missouri on
Q: Wife opened bank account for young daughter with herself also listed. Wife died. Daughter now 20, access without court?

Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 28, 2020

It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: With the landlord lien can a landlord keep a tenants stuff if the tenant never agreeed to a landlord lien
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 19, 2020

After a tenant moves out, the landlord does not have a duty to store the tenant’s property. Landlord has to make the property available to the tenant for a “reasonable “ amount of time (maybe a few days), then the property is treated as abandoned by the tenant and can be disposed of.

2 Answers | Asked in Real Estate Law for Missouri on
Q: The seller didn’t respond to resolution of unacceptable condition amendment till the 7th day and just sent a cancelatio

This seams illegal and in fair to just wait the 7 days and not respond and just send cancel request . Do I have any recourse to make this contract still stand?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 25, 2020

The answer to your question is in the contract language. If you used the forms prepared by the Missouri Association of Realtors, the time to send the Inspection Notice and receive a response (including cancellation) is contained in paragraph 7D. If you are unsure, have a lawyer look over the... Read more »

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