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Questions Answered by Jennifer Sheila Kornblum
2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

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

A landlord can evict a tenant on 30 days notice, as long as the tenancy is month to month and the notice complies with Missouri statuteS. Compliance includes providing 30 days notice that begins on or before the first day rent is due for that month (usually the 1st), is in writing, and is not for... View More

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1 Answer | Asked in Banking and Contracts for Missouri on
Q: I closed on a micro loan on April 28. Today is May 6. Is the contract null and void if I haven’t received the funds?

The loan is for my small business. I contacted my banking institution and they said no wire was ever received or had been attempted by this company. The loan company claimed they’ve tried to send it and my bank keeps bouncing the money. I am due to have the money deducted from my account starting... View More

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

If you don’t get the money they purported to loan to you, it may constitute fraud. But you need to take steps to protect your interests. First of all, if the only thing you have in writing is the loan agreement that may be problematic. You need to immediately notify the lender IN WRITING that you... View More

1 Answer | Asked in Contracts for Missouri on
Q: What documents are required when selling a vehicle. Do I just sign over the title or do I also need a bill of sale?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 17, 2020

You should probably have both. Just signing over the title does not guarantee that the buyer will register the transfer with the motor vehicle department. If he then gets into an accident it could get messy. The bill of sale will show the date of transfer and can also be used to remove the vehicle... View More

1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can new owner/landlord force me to have a pre move out inspection 30 days before the actual move out inspection?

House was sold under my existing lease which ends May 24, 2020. New owners are insisting on doing a pre move out Inspection next week and another move out inspection 30 days later. I have underlying health issues and I am trying to keep myself away from others as much as possible due to Covid 19.... View More

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

Has the sale of the house already been completed? Because if it is still pending the buyers may be having the house inspected by a professional inspector as part of the purchase transaction. If that is the case, ask to talk with the professional inspector to make arrangements to maintain safety... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... View More

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

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... View More

1 Answer | Asked in Estate Planning 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... View 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... View 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... View 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, &... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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