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Questions Answered by Jennifer Sheila Kornblum
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 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 Real Estate Law and Probate for Missouri on
Q: If my dad passed away with out a will but I have screenshots of the conversation him and I had hours before his death

He said to me that I can have one of his cars and even tho it isn't any will the Facebook messenger verify that its his page with his profile picture and full name with the conversation from him and I and he's telling me I get one of his cars so isn't that conversation û and him... Read more »

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

In Missouri, an oral will is generally not valid. There is an exception but not in the circumstances you describe. Missouri requires a person's last will to be in writing and witnessed and notarized. I'm afraid your father's statements on facebook messenger will not be enforced by a... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: What are the consequences if buyer is backing out of contract because mortgage payment is higher?

Buyers realtor reached out saying buyers can’t linger go through purchase because mortgage payment is higher. Seller realtor stated they can’t since they have a signed contract, buyers realtor said ok we will do inspections then they can walk away. Is that even possible? Sellers realtor says... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 19, 2022

If your transaction is written on the Missouri Association of Realtors form contract that many Realtors use, then closing is likely contingent on financing as well as inspections and possibly other factors. If any of these contingencies is not met the buyer is able to cancel the contract without... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Does it matter that a sell for a residential property was written on a commercial contract?

The property is zoned residential but has a commercial building and 2 houses. The business was grandfathered in for limited use. But the entire lot is zoned residential.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 12, 2022

As long as the contract identifies the property, the price, and the parties to the transaction, using the form for a commercial sale instead of a residential sale will not void the transaction. It may cause some confusion about some of the other details, however. If that occurs, you may want to... Read more »

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 »

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