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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My Big Brother Todd Passed Away April 8,2023 My Other Brother and I Took Todd off of Life Support! WE All Thought I Was

Beneficiary But We Cannot Find the Paperwork We Do Have a Bank Statement That Puts Me as POD Does That Keep The House out of Probate and How Would I Get it in My Name I Have No Clue

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 7, 2023

I am very sorry for your loss. You really need to consult a probate attorney to get the big picture on Todd's estate, particularly since you are unable to locate a will. Generally speaking, the POD account transfers to you automatically. But that has nothing to do with any real estate he... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 2, 2023

There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Missouri on
Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 22, 2023

There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house in Missouri 2021. my foundation started bowing ,2 chimneys also. Never informed of severity in the

Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 28, 2023

Based on the limited information provided, you could possibly have an action for failing to disclose known defects against the sellers of the property. In such an action, you would have the burden of proving that the sellers knew of the defects in the foundation and knowingly failed to disclose... View More

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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 3, 2023

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for...
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1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My mother passed away in MO & has a reverse mortgage. How long do we have to sell the home & pay back the loan balance?

MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 25, 2022

The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

2 Answers | Asked in Real Estate Law for Missouri on
Q: Condo association fee question

We were just hit with a HEFTY condo association fee. We need to pay 3k in less than a month, or we will be fined. They are charging 3k per unit to fix the roofs, that they haven’t fixed in years. On top of this, we already pay 200 a month. It seems unfair to ask for so much money so quickly.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 5, 2023

Your requirements for paying special assessments such as this should be addressed in the Declarations for the Condo Association that you were given by the title company at the time you purchased the condo. That document will detail how special assessments are determined and each condo owner's... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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