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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Real Estate Law for Missouri on
Q: If I have a Missouri collector’s deed and want to give the property to my father, what do I need to do to make it happen
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 1, 2019

Your best option is a Quitclaim Deed, which passes your ownership interest to your father without warranties.

1 Answer | Asked in Estate Planning for Missouri on
Q: My mother is recently deceased. She had a trust. Within the trust was her personal checking account. Any dividends,

etc were reported and paid on her personal income tax. I am in need of getting an EIN number since I am the successor and her ss is void at this point. We are in Missouri but I need to know which form to file for this.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 1, 2019

You can get an EIN number through the federal IRS website online. There is no fee to do this.

1 Answer | Asked in Estate Planning for Missouri on
Q: how do I help my minor child recieve his fathers inheritance as his legal guardian?? He had no will and he owned a house

My childs grandmother (fathers mom) is trying to get me to sign it over to her so she can pay her personal debts. Do I need a lawyer or does probate court handle itself??

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 11, 2019

You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.

1 Answer | Asked in Business Law and Real Estate Law for Missouri on
Q: I was wondering if i needed a license to wholesale homes in the state of misouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 1, 2019

You do not need a license to purchase and sell homes that you own in Missouri.

2 Answers | Asked in Real Estate Law and Agricultural Law for Missouri on
Q: Property in my family for over 60 years. neighbor had survey done. now says 11 of our acres is his. what to do?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 24, 2019

You should get your own survey done, based on the deed on file in your family's name at the Recorders office.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: My neighbor would like to change our property line (which is odd). We are in agreement. What steps need to be taken?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 9, 2019

You should have a surveyor prepare the new legal descriptions of both properties. Then a deed needs to be prepared transferring the parcel being transferred. A lawyer can do that. But start with a surveyor.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can an apartment complex make me purchase their limited liability policy and refuse mine through Statefarm?

New ownership company and upon receiving my lease renewal letter, they state I'm going to be automatically enrolled in their limited liability policy for $9.75 a month and that I can cancel my policy through Statefarm. I'm in property management, and I'm not sure they can legally do... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 12, 2019

The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We bought a house in Oct of 2018. The seller paid the taxes for 2018 and then our lending co. paid it again. County sent

the check back to us, lending co. told us to send it bck to them. They sent it to the new lending co. & now they sent it to county again. We are told that they are keeping it until 2020 & then will do analysis. Shouldn't we get this $ back now?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 30, 2019

It sounds like your real estate taxes are rolled into your mortgage payments. Usually at closing taxes are prorated between buyer and seller for the year. If the county was paid twice, the overpayment goes to the mortgage lender. The lender usually re-analyzes the tax and insurance amount once each... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Can the property owner of my house give me a same day eviction by text message?

I am the previous owner of the property. It sold at foreclosure auction on 9/11/18. The current owner agreed to let me rent the property until 3/15/19. My son took his own life 10/26/18, & my granddaughter passed away 12/6/18. The expense of 2 funerals in just over a month caused me a major... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 29, 2019

Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Missouri on
Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow

In the abstract there is nothing regarding road right of way until this time. Abstract dates from 1859. There is no amount listed as to what the road right of way is. How do I find out what is allowable as the county is starting to encroach upon my fenced property with their road. Is there a... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 28, 2019

I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.

2 Answers | Asked in Constitutional Law, Consumer Law and Real Estate Law for Missouri on
Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 24, 2019

Generally speaking, a landlord - even a new owner - has to give 30 days' written notice to terminate a lease. Your lease may have other provisions. If you don't have a lease, it is 30 days, and the notice should be in writing.

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2 Answers | Asked in Contracts, Real Estate Law and Probate for Missouri on
Q: Filing a show-cause order on previous owner to answer why they should not pay repairs they knew existed

Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 19, 2019

As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.

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1 Answer | Asked in Criminal Law, Real Estate Law and Stockbroker Fraud for Missouri on
Q: If an individual acquires property by fraud and the real owner was unable to locate or recover who is the true owner

The father was a cpa but the son put the property in his name using a poa assigned to the father. Unknown for some time and while trying to locate the cpa not realizing it was taken the same day of the assigned poa. True owner receiving 3266.00 through a 3 yr period for 166 acres of prime resort... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 9, 2019

If the son had the father's power of attorney, son had a fiduciary duty to act in father's best interest. Questions like this usually come down to what is provable in court and the credibility of the witnesses.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Hello I have been living in a rental house for 9 months paying $895. I ran into a situation to where our basement

Our basement has been backing up for 6 months as of November. Leasing company has sent the county to dig they did that left a mound of dirt in the front of the house then the plumbers came and tore up the basement floor to fix the inside issue but they left knee side of our basement floor open for... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 2, 2019

The first thing to do is contact the landlord IN WRITING. Describe the situation and give them a deadline to fix it. No rent after that date until it is fixed. Hopefully that will get them moving faster to get the situation fixed.

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house that has mold owner didn't disclose it mold is found where owner done previous repairs 2 the ceiling

Previous owner bought the house brand new only one that lived there he did some repairs to the ceiling didn't disclose it on the disclosure he disclosed that there's a new roof put on it where he repaired the ceiling I found mold previous owners live there for 19 years I live across the... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 1, 2019

The seller has a duty to disclose any condition they are aware of. In court, however, you will have the burden of proving that the seller was aware of the mold issue.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Is there a contract cancellation right or time frame for a seller in a real estate contract

Also if the deed description (boundaries) are different than survey, which is accurate and legal. If there is a boundary dispute by 3rd party can this contract be cancelled.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 23, 2018

The contract itself will provide the cancellation time frame. If it is the Missouri Association of Realtors form contract the time for cancellation is definitely included in the contract. As for boundary disputes and other issues that arise, the contract should also provide what happens if a party... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: Hello. Is the first service attempt allowed to be at Defendants' place of employment instead of their residence?

Service for previous matters at the Defendants residence has proven impossible.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 17, 2018

Service at a place of business is fine.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Does my husband & I have any rights on a house that we have made payments on but not purchased by us?

Daughter & husband purchased home but basically have left.

I say sell as is but my husband wants to fix up & sell. It is going to take some money to fix up. Daughter & husband will sign papers.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 3, 2018

If your daughter and her husband are cooperative, they can sign a Quitclaim Deed transferring their interest in the property to you and your husband. You will need to record the deed when it has been signed and notarized.

1 Answer | Asked in Real Estate Law for Missouri on
Q: What if my mom gave me her house, after two years changed her mind, went to court and filed a false affidavit to sue me?

We had a verbal agreement that the entire family is aware of. The house still has a mortgage and I have been paying it. What can I do?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 17, 2018

Unfortunately, an agreement concerning the transfer of real estate must be in writing in order to be enforceable.

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