My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... Read more »
If your father's estate value is under $40,000, it is considered a "small estate." The procedure for distribution of assets in a small estate is governed by Mo Rev. Stat. Section 473.097 and the statutes references in that section. If you have any questions you should consult and attorney.
The rules about how a landlord can terminate a lease are in Missouri revised statute 441.060. Your landlord is required to follow those rules.
Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... Read more »
It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.
After a tenant moves out, the landlord does not have a duty to store the tenant’s property. Landlord has to make the property available to the tenant for a “reasonable “ amount of time (maybe a few days), then the property is treated as abandoned by the tenant and can be disposed of.
A beneficiary deed does not expire.
This seams illegal and in fair to just wait the 7 days and not respond and just send cancel request . Do I have any recourse to make this contract still stand?
The answer to your question is in the contract language. If you used the forms prepared by the Missouri Association of Realtors, the time to send the Inspection Notice and receive a response (including cancellation) is contained in paragraph 7D. If you are unsure, have a lawyer look over the... Read more »
4 months before her death she transferred over half of the trust out of it. There is not near enough to pay what the will states now. Am I liable to sell items that were left specifically to others, ie, her house, car, etc, to make up that money?
Your responsibilities as trustee are very important and handling your aunt’s estate in these circumstances can lead to other issues. You really should sit down with a lawyer to review the trust documents and make sure you do it correctly.
When a rental property is sold and there is a written lease for a term already in place on that property, the new owner takes the property subject to the lease. So your lease would still be in place, provided it is in writing.
If I was single when I purchased the home, do I list single for the seller and then put married for the grantee section so it matches the original deed?
If you are making no other change than adding your wife, use a Quitclaim Deed. Grantor is you, no marital status necessary. Grantee is you and wife, husband and wife.
we have a revocable trust and are applying for a home equity loan, this is a question I do not know what they mean. we live in missouri
That part of the trust describes how your assets should be held. Usually in the name of the trust, which will follow that phrase in the trust document.
Delivery drivers and some visitors of neighbors are driving too fast and it goes through my yard.
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 »
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
A quitclaim deed only transfers your rights to a property. It will not transfer your obligations, including obligations under a mortgage.
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?
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.
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 »
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.
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?
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 »
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?
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.
Real property can be transferred by a properly prepared deed that is notarized and then recorded in the county where the property is located.
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.
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.
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 »
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 »
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 »
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 »
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