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Questions Answered by Jennifer Sheila Kornblum
2 Answers | Asked in Real Estate Law for Missouri on
Q: Is there a definition or list of what’s normal wear and tear and what’s beyond normal wear and tear
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 15, 2018

What constitutes normal wear and tear is generally determined on a case-by-case basis by the landlord and tenant. I am not aware of any list. If you dispute a landlord's charge on this basis, you should put your dispute in writing to the landlord and try to reach a compromise.

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2 Answers | Asked in Real Estate Law for Missouri on
Q: I am about to purchase a condo and the ceiling is bowing and about to cave in. Who is responsible for the repairs?

Is the previous owner, the buyer or the HOA responsible for the repairs.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 10, 2018

If your purchase hasn't closed yet, your purchase contract will have a provision that determines who is responsible for repairs.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I just bought a house in O Fallon MO and had had my 1st rain and basement was flooded with mud. Can you sue prior owner

Can you sue prior owner for non disclosure?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 9, 2018

If you have evidence that the prior owner knew of the basement issues you can file suit for failure to disclose. Keep in mind that as the person bringing suit you will have the burden of proving their prior knowledge.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I put my name on the deed to a property when the owner is deceased? This is in Missouri I’m from Kansas

My dad died over a year ago.

My stepmom just died.

The property is still in his name.

She has other children from before

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 9, 2018

Generally, your father's and stepmother's wills will dictate how the property is transferred. They may also have had a Beneficiary Deed which directed who would own the property after they died. If none of these things is in place, transfer of the property will have to go through the probate court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: my mother passed away may 2017. her primary residence is part of her trust and there are no mortgages or liens. can

the executor sell the house to the neighbors with a simple sale and transfer of title?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 4, 2018

The residence in the trust can be sold by the trustee of the trust. But keep in mind that any transaction involving real estate needs to be in writing, so you should have a purchase/sale contract in addition to deed transferring title.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I am looking to buy property in or near Joplin, to make into rental property. what legal options should I be considering
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 28, 2018

The most important considerations are insurance for the rental property and having a proper lease to use with any tenants. When you go through the lease terms, you will need to consider such items as deposit amount, whether to require renter's insurance, pets, length of lease, and other items.

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: I bought some property when I was single, now I'm married. At my death does my property have to go threw probate?

My wife's name is not on the deed and I need to know if she retains ownership automatically by right of survivorship or does it have to be probated since her name wasn't on the deed prior to being married ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 13, 2018

Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.

2 Answers | Asked in Real Estate Law for Missouri on
Q: I’m selling my house, Ive had a water an fire claim both of which were fixed and repaired 100%, do I have to disclose?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 13, 2018

Your best bet is to disclose. There is a section on the Disclosure form for an explanation, and you can let the potential buyers know that the issues have been resolved.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I am trying to pay my house off. The mortgage is in my deceased husbands name. I have been paying the mortgage since he

Passed in 2015. There was no will. The mortgage company says they can't deal with me because I was never appointed executor of his estate. What should I do? Thank you

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jul 13, 2018

If the deed is not a Beneficiary deed naming you as successor owner of the property, unfortunately, you may have to file probate since there was no will. The mortgage company should give you a payoff amount without doing so, but in order to transfer ownership of the property into your name probate... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: The management company says they do not require written notice to terminate a month to month lease. Is this correct?

I have requested a written notice but they have refused. I am current on rent with no lease violations.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 28, 2018

They are required to provide you written notice of their intention to terminate.

2 Answers | Asked in Real Estate Law for Missouri on
Q: How long do I have to wait to take back my house?

I rented my house out to a couple in december 2017 yesterday the couple was both arrested for drug trafficking second degree.i don't want drug dealers in my house so how long do I have to wait to take my house back. I'm willing to put all there belonging in storage till they get out.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 16, 2018

If they are on a month to month lease you can give them 30 days written notice to get out.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Quickest and easiest way to transfer ownership of real estate
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 14, 2018

Generally speaking, a Quitclaim Deed would be the simplest way to transfer your interest in real estate.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If the Deed of Trust on our home is unrecorded does the lender legally have interest in our property? We reside in MO
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 2, 2018

Yes, the lender has legal interest in your property even if the Deed of Trust is unrecorded. The DofT is your contract with the lender and is enforceable whether or not it is recorded. The purpose of recording is to put the rest of the public on notice of it's existence.

2 Answers | Asked in Real Estate Law for Missouri on
Q: Can I be evicted in Missouri for not having renters insurance on an expired lease
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 2, 2018

This is difficult to answer without more information. However, here is some basic information that might help. First, if your lease is expired and you are still living in the property, the lease likely defaulted to a month-to-month rental obligation. That means that you can be evicted on one... View More

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1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

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

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: What are our rights when we gave a cash deposit and owner hasn't followed through?

We gave a cash deposit to a man who said he owned the land. His Girlfriend owns it and came with him to pick up the deposit. After this she told us her ex husbands name was still on the land and she can't sell it until she gets his name off. We have text messages that says she would get his... View More

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

In Missouri, the small claims courts have jurisdiction of any action up to $2500. You should file a small claims action against the lady to recover your money.

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