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Questions Answered by Jennifer Sheila Kornblum
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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1 Answer | Asked in Estate Planning for Missouri on
Q: My aunt left me a trustee of her estate. She had a revocable trust set up with specific amounts to distribute.

4 months before her death she transferred over half of the trust out of it. There is not near enough to pay what the will states now. Am I liable to sell items that were left specifically to others, ie, her house, car, etc, to make up that money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 22, 2020

Your responsibilities as trustee are very important and handling your aunt’s estate in these circumstances can lead to other issues. You really should sit down with a lawyer to review the trust documents and make sure you do it correctly.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If I started renting and then they sold it how does the lease work
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 20, 2020

When a rental property is sold and there is a written lease for a term already in place on that property, the new owner takes the property subject to the lease. So your lease would still be in place, provided it is in writing.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Which form do I need to fill out in order to add my spouse onto the deed of my house?

If I was single when I purchased the home, do I list single for the seller and then put married for the grantee section so it matches the original deed?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2020

If you are making no other change than adding your wife, use a Quitclaim Deed. Grantor is you, no marital status necessary. Grantee is you and wife, husband and wife.

1 Answer | Asked in Estate Planning for Missouri on
Q: what does"Title to assets of the trust is to be taken and held as follows" mean

we have a revocable trust and are applying for a home equity loan, this is a question I do not know what they mean. we live in missouri

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

That part of the trust describes how your assets should be held. Usually in the name of the trust, which will follow that phrase in the trust document.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Am I within my rights to install speed bumps on a shared driveway easement that runs through my property?

Delivery drivers and some visitors of neighbors are driving too fast and it goes through my yard.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 14, 2020

Depending on the language of the easement itself, you are probably able to make improvements to the easement. Whether that includes installing speed bumps will depend on the language of the document and whether the other easement holders agree. You should have an attorney review the language of the... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you do you a quit claim deed on a VA loan

My daughter is getting a divorce her soon to be ex-husband is in the military she is wanting to keep the home however she cannot afford to refinance right now her husband is just wanting off of the loan

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 8, 2020

A quitclaim deed only transfers your rights to a property. It will not transfer your obligations, including obligations under a mortgage.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I m a married woman. I bought a house in my name only with my inheritance. the money was deposited in an account in my n

The money from the inheritance was deposited in an account in my name only. Do I have to give my husband half the money from the sale of the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should carefully review and track your inheritance with the help of a family law attorney. They should be able to confirm whether it will constitute your separate property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My husband and I have lived with a friend for the last 14-15 months. There's a small apartment area attached to th

We've lived with this friend for 14-15 months. The little apartment attached to the garage only has a toilet and sink. We cook with askillet or hot plate. We also go to our friend's house to take a shower because there is none in this apartment area. Back in July, me, my husband and our... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should have a lawyer review the document reflecting the agreement with Merl to see if it would qualify as a will. If so, you can probate it in court to enforce his wishes.

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: How much does it cost to get a full liquor license in Illinois/Missouri?

I want to open up a bar and grill in either Missouri or Illinois or both. How do much would it cost in either state and what's the process? Will i need to take classes? And what's the best business structure to go with?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 8, 2020

There are several types of liquor licenses in Missouri. The type you get will depend on many factors. You will have to apply for the license, pay the fees, purchase a bond, at a minimum. It is a process that takes time, including a background check and fingerprint check.

The format of your...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I'm an employee that's subcontracted out as a maintenance guy and I live there but they are trying to evict me in 1 day?

I've lived and worked for this hotel for over a year and they are trying to evict me and have me out in 1 day can they do that?

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

There is no way to answer this question without more information. If you are a month-to-month tenant, you are entitled to one month's notice. If you are not paying rent, there is a shorter notice required.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How does someone just sign over a deed to a property to someone else in missouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 24, 2020

Real property can be transferred by a properly prepared deed that is notarized and then recorded in the county where the property is located.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Estate Planning - Joint tenancy when buying a house

wife buying a house and title company forgot to put it in joint with husband in MISSOURI. Is there any consequences tax wise or any other way if it isn't in joint? I was told he would have 50% vested interest in it anyway in Missouri.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 19, 2020

If you are identified as husband and wife in the deed, Missouri treats it as a tenancy by the entirety, not joint tenancy. If husband is not on the deed at all, you should probably talk to an attorney about adding him.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I have been at the hospital with my mother for the past three days, landlord locked us out and stole our things

I have been moving for a week now, told my landlord it would take a few weeks, my mother became deathly I'll and I have had to be with her at the hospital for the past three days so I haven't been to the house, I get home he has all my lights on( they are in my name) changed the locks... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 14, 2020

If your landlord has followed Missouri statutory eviction rules s/he has more rights than if s/he has not. A tenant’s hardships generally are not a factor. If your landlord has not worked through the court system to evict you his or her actions are not lawful. You should talk with an attorney to... Read more »

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