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Questions Answered by Jennifer Sheila Kornblum
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 »

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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