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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Landlord and I verbally agreed to me “staying”, but never renewed a lease. Am I obligated to stay for another year?

We did not sign a new lease and the contract says nothing about an automatic renewal. States that the lease can be extended by a written agreement. The only language related to this is “to pay double rent for every day that the possession of the Premises is held after termination of this Lease... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

When the term set out in a lease Expires, the lease converts to month-to-month, UNLESS the lease says otherwise. It is important to carefully read the lease to be sure.

1 Answer | Asked in Real Estate Law and Business Law for Missouri on
Q: A family member would like to use one of my apartments (i am an owner occupant of a 4plex) for "office space".

I'm sure it's for tax purposes. How would I, or should I, do this? Thanks!

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

If you think it is fraudulent, stay far away from it. But if they are really going to use the space and pay rent, I don’t see a problem.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: In the state of Missouri what would I need to do to transfer my families farm from one person to another?

its a farm that has 2 homes one it, and its going from the owner who is the Grandmother, to the grandson.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 29, 2020

To transfer the property, the owner must sign a deed transferring it to the new owner. Then the deed must be recorded in the county where the property is located. She should have the deed drawn up by an attorney to make sure it Is done properly and meets the Missouri requirements.

1 Answer | Asked in Estate Planning for Missouri on
Q: Can I amend a trust as the successor trustee based upon the oral directives made by grantor to me?

My father created a revocable living trust in 2015, making myself and two older sisters the beneficiaries. He placed his MO property into the trust and the trust directives are to split the remainder trust in equal shares between us three. However, in 2017 he purchased a property in PA to help out... Read more »

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

Your ability to make amendments to the trust will depend on the terms of the trust itself. Some settlers grant that power, others do not. If you and your siblings are all in agreement to follow your father’s wishes, however, you may be able to arrange it and still be adhering to the terms of the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: Can I sell my house with unpaid property taxes? It is not up for tax sale, but is 2 years delinquent.

I have a buyer, and will be selling the house for the remainder of the mortgage, walking away from the closing table with nothing.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 29, 2020

You can sell your house but the unpaid property tax will have to be paid at closing.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I live with and care for my grandfather. He has no will. How do I keep living in his house? What do I do?

No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:

I am POA medically and financially for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: If my debts exceed the value of my estate at the time of my death will my brother be held accountable for the difference

I have no other family and we both live in Missouri.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Your surviving family will not inherit your debt. But your remaining assets must be used to pay any debt you leave behind.

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: Hey f my landlord dies and his sister shows up asking for rent money while the property is still in probate

I also don’t have a lease what should I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

If you owe rent you should pay it. Just make sure you have proof of payment, like a receipt or canceled check. If you know which attorney is handling the probate you should contact him or her to find out who to pay.

2 Answers | Asked in Real Estate Law for Missouri on
Q: In mo, a father and his 2 adult daughters have a piece of property and are joint tenants with rights of survivorship...

The father listed the property to sell with me. I was unaware of their ownership arrangement. One daughter has been involved in the sale throughout its entirety. The other has been aware of it the entire time and has been supportive. After having been on the market for a year one daughter does not... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

Unfortunately, all owners are supposed to sign the listing agreement for just this reason. If one owner does not want to sell, it is up to the other owners to take legal action to force the sale. This is unlikely to be complete by your contract closing date.

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2 Answers | Asked in Estate Planning for Missouri on
Q: If I die, is my brother responsible for any debts that I incurred while alive? We both live in Missouri.

I just want to make sure I take out an insurance policy to keep from him having to bear any burden.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 31, 2020

When you die, whatever assets are in your estate will be used to pay your debts first. Family members are not responsible for your debts.

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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Missouri on
Q: What actions can I take if the apartment office manager doesn't do anything about a tenant that is breaching the peace.

And also has been doing legal drug activity along with letting another occupant living in the unit (which is not on the lease and a pet) I have tried to verbally talk to this tenant to only be disrespected and threatened...I have noted the authorities and have documentation on the noise... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 24, 2020

It is unclear from your description whether you have provided written notice of these issues. You should document the problems with your neighbor and send them in writing to both the manager and the landlord/owner. Also, review your lease and see if there is a clause prohibiting disturbing your... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 23, 2020

There is no estate tax in Missouri.

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2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 20, 2020

A landlord can evict a tenant on 30 days notice, as long as the tenancy is month to month and the notice complies with Missouri statuteS. Compliance includes providing 30 days notice that begins on or before the first day rent is due for that month (usually the 1st), is in writing, and is not for... Read more »

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1 Answer | Asked in Banking and Contracts for Missouri on
Q: I closed on a micro loan on April 28. Today is May 6. Is the contract null and void if I haven’t received the funds?

The loan is for my small business. I contacted my banking institution and they said no wire was ever received or had been attempted by this company. The loan company claimed they’ve tried to send it and my bank keeps bouncing the money. I am due to have the money deducted from my account starting... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 6, 2020

If you don’t get the money they purported to loan to you, it may constitute fraud. But you need to take steps to protect your interests. First of all, if the only thing you have in writing is the loan agreement that may be problematic. You need to immediately notify the lender IN WRITING that you... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What documents are required when selling a vehicle. Do I just sign over the title or do I also need a bill of sale?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 17, 2020

You should probably have both. Just signing over the title does not guarantee that the buyer will register the transfer with the motor vehicle department. If he then gets into an accident it could get messy. The bill of sale will show the date of transfer and can also be used to remove the vehicle... Read more »

1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can new owner/landlord force me to have a pre move out inspection 30 days before the actual move out inspection?

House was sold under my existing lease which ends May 24, 2020. New owners are insisting on doing a pre move out Inspection next week and another move out inspection 30 days later. I have underlying health issues and I am trying to keep myself away from others as much as possible due to Covid 19.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 10, 2020

Has the sale of the house already been completed? Because if it is still pending the buyers may be having the house inspected by a professional inspector as part of the purchase transaction. If that is the case, ask to talk with the professional inspector to make arrangements to maintain safety... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 4, 2020

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Do I need a lawyer if my apartment complex is still trying to charge me after I filled out an intent to vacate paper?

I moved out of my apartment, provided a 30 day notice. They are now saying months later that there were more documents that I had to fill out. Do I need a lawyer & do I have to pay them?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 27, 2020

There is no simple answer to your question. The language of the lease will govern what type of notice is required, together with Missouri statutes. The duties of a management company to obtain the proper paperwork from a vacating tenant is not addressed in the law, so the circumstances and... Read more »

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