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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Estate Planning, Family Law 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 »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, & I was going to let... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 26, 2020

In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to... Read more »

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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: I owner financed a salon from the previous owner. She filed bankruptcy and I was told to continue making payments to a

Trustee. Wouldn't this negate our purchase agreement with her? Should I still have to pay?

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

Whether the sellers bankruptcy is a breach of the contract to purchase will depend on the contract language. Generally, however, the bankruptcy trustee will stand in the shoes of the seller in enforcing the contract and unless bankruptcy is specifically addressed as a breach in the contract... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

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

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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1 Answer | Asked in Public Benefits and Real Estate Law for Missouri on
Q: Have a situation where a buyers bank appraisal was lower than our contract price. The buyer had an appraisal rider

in the contract. They verbally agreed through their agent to honor our agreed upon contract price which happened to be 8K higher than their appraisal. We listed our house on Zillow so are in essence representing ourselves Should we require the buyers to sign an amendment stating that they agree... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 9, 2020

If it's not in writing, it didn't happen. The terms of the contract changed if the appraisal contingency was not met and the buyers want to complete the transaction anyway. You should consult a lawyer to formalize the arrangement.

2 Answers | Asked in Estate Planning and Banking for Missouri on
Q: If I accidentally deposit money in a UTMA can I fix my mistake or is it irrevocable?

A few days ago I accidentally deposited some money in my daughter’s UTMA and bought some stocks with it before I realized my mistake. Can I sell the stocks and withdraw the money or is it now irrevocable her money?

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

Generally speaking, any deposits to a UTMA account by a parent are irrevocable. You should consult an attorney in your area to discuss the details to be sure.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I live in Missouri, and I am named as the personal representative in my deceased mother’s will. She left her house to

me and my brother. (We are 2 of 4 siblings.) A Beneficiary Deed in my brother’s and my name was filed with the county back in the 80’s when she created her will. The house was subsequently condemned due to a foundation problem and demolished. Ultimately, the lot was put up for sale in the... Read more »

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

Generally speaking, in Missouri, no probate has to be filed in the total value of the deceased's estate is under $30,000. If that is the situation with your mother it is not likely you need to probate her estate. You should consult with an attorney and go over the details of your mother's estate in... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Buying a house from a family member both agree there is no mortgage or liens on the home. Do we just do a quit claimdeed
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 28, 2020

A Quitclaim Deed will only transfer whatever interest the Grantor has in the property to you. I would recommend you consult an attorney to prepare a Warranty Deed for better protection.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If you have previously used a firm, can someone suing you use the same firm; just a different attorney?

My husband is being sued by a landlord from about 5 years ago for a "breach of contract". This landlord is using an attorney from the same firm that my husband has previously used. Is this a conflict of interest? It is a different attorney, but the same firm.

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

A conflict of interest arises only if the attorney learned information about you in representing you previously that s/he could use now against you when representing the new client. It does not automatically arise from the attorney’s prior representation of you. There is not enough information in... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole caregiver... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: i have two evictions but i also have 18,000 dollars will a landlord allow to rent if i can pay my rent in advance
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2020

Many landlords will accept payment in full up front in your situation. It will depend on the landlord. Be up front with them and you’ll have a better chance.

1 Answer | Asked in Estate Planning for Missouri on
Q: I was financial POA for brother. I believe it terminates upon his death. However, I need it to pay medical

The last line of termination states upon my death this power of attorney shall terminate upon actual knowledge or receipt of written notice therefore by the agent.explain please

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

You are correct that the financial POA terminated on the death of your brother. If you do not have any joint accounts to pay the bills with you should notify the billing companies that he is deceased and you have no way to pay his bills. If his assets are substantial enough you can probate his... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

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

You should do some internet research to locate an attorney near you who does free consultations. You should be able to find out your options with a short meeting.

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Me and my siblings were all notified about a distant relative passing away and that she didn't have a will.

Me and my sister obtained a lawyer but our brother did not. Is he now excluded from any inheritance or would the estate be equally distributed?

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

The relatives estate will be distributed to his or her heirs regardless of whether they are represented by an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: We want to terminate the lease early, our lease states it can be done. Landlord says we have to finish the term

"Re-Rental Charge: if tenant moves before the end of the term, for any reason, a re-rental fee, the sum of one and a one-half (1.5) months rent, shall be due immediatly at time of the final move out inspection to cover expenses of landlord and manager in obtainig a new tenant."

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

The terms of the lease control what you can do, not what the landlord says. If that clause is in your lease you can terminate the lease early if you pay the penalty.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If an MLS lists items like stove, refrigerator, dishwasher, wall oven, washer and dryer, are they required to be there?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 23, 2019

Your contract to purchase the home will determine what is included. Usually items that are attached to the home, like a dishwasher, are included. Items that are not attached, like washer and dryer, are typically not included. The contract will specify if there are additional items that you... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought my ex out from our house but in the agreement it did not say when it had to be paid by it only stated what inte

Interest rate would accrue he got a real estate levy and now they are going to auction my home in Feb what can I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 20, 2019

Potentially losing your home is quite serious. You need to bring your agreement and a record of all your payments to an attorney. Your remedy will be based on this information.

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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