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Missouri Questions & Answers
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... Read more »

1 Answer | Asked in Education Law for Missouri on
Q: Can a teacher tie grades to a fundraising assignment in a public school?

My son was not successful in raising the assigned $150 for his Missouri public school newspaper. Upon receiving his report card, he noticed this was a heavily weighted part of his grade (1 point for every dollar raised). So much so that his grade dropped an entire GPA. I enquired with a few... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

You raise a valid point. But the school would probably argue that it was not taking money, but basing performance on raising funds for a project. The other parents may have seen the dilemma and decided it would be easier to simply pay the money and be done with it. The problem is that it would cost... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: In Missouri, can an immigant and a U. S. Citizen apply for a marriage license. If so, what are the requirements?
Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

Yes some states require a valid picture ID like an unexpired passport with photo id. For the immigrant spouse.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants, infants... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

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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2 Answers | Asked in Employment Law for Missouri on
Q: Unpaid wages

I have been working with a property manager/owner that focuses on low income housing for several years as general maintenance. I am responsible for work orders for current residents, inspections from various housing agencies and City of St louis building division, leasing, and training/running new... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 10, 2020

Whether you are an independent contractor or an employee, it sounds like you are owed money. Your options are to try to get paid on your own, file suit on your own, or hire an attorney to try to get you paid or to file suit.

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1 Answer | Asked in Family Law, Personal Injury and Child Custody for Missouri on
Q: I want to sue for abuse of process

I was in a child custody case.

My husband passed away and his family legally by default got temporary custody and my daughter saying that I was a drug addict I was not a good mom because of my drug use. I had all clean UA's to clean hair follicles and they dismissed the case before trial... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 9, 2020

Contact an attorney in your area, put down a substantial sum, and go for it.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have had liens placed on mine and my husband's home.

First of all the liens are approx 10 years old. Secondly, they are for credit card debt in only my wife's name. I would like to know how to get those removed. The property is in both our names and has been for 28 years in springfield missouri. The liens are from judgements against my wife. I was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 9, 2020

It sounds like you already received good legal advice. It the judgment has not attached as a lien, then there’s no lien to remove.

1 Answer | Asked in Car Accidents for Missouri on
Q: I wrecked my car. When I bought it I put my sister as TOD. Now they want her to sign paperwork. Does she have to?

Their is no longer any contact. Shes under 18..

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Assuming you mean transfer on death (and not the vernacular) no--she has no legal interest in the vehicle until you pass on to the next life.

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Me and my siblings were all notified about a distant relative passing away and that she didn't have a will.

Me and my sister obtained a lawyer but our brother did not. Is he now excluded from any inheritance or would the estate be equally distributed?

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

The relatives estate will be distributed to his or her heirs regardless of whether they are represented by an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: We want to terminate the lease early, our lease states it can be done. Landlord says we have to finish the term

"Re-Rental Charge: if tenant moves before the end of the term, for any reason, a re-rental fee, the sum of one and a one-half (1.5) months rent, shall be due immediatly at time of the final move out inspection to cover expenses of landlord and manager in obtainig a new tenant."

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 3, 2020

The terms of the lease control what you can do, not what the landlord says. If that clause is in your lease you can terminate the lease early if you pay the penalty.

1 Answer | Asked in Civil Litigation for Missouri on
Q: How do I ask the courts to remove a default judgement from 2006 in which the SOL has expired and it's not been revived?

The judgement is from a car accident where I hit a rental with no insurance. I didnt go to court so I got a default judgement. I have no idea what I owe and my drivers license has since been suspended. So this in return has cost me a lot of legal trouble. I'm supposed to be paying an attorney of... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 3, 2020

First, if your attorney won’t return your calls hire a different one, assuming you can pay.

Second, I’m not sure what you mean by “remove” the default judgment. If you seek to have it removed from appearing on Casenet, that is not likely to happen. If it was a default judgment...
Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I was at fault in an accident, no insurance. Who do I pay?

The other person told me at the scene they would sue me if I didn’t pay for the repairs within a week of receiving the estimate.

They sent me the estimate but it says their insurance covers it. So do I contact their insurance company to reimburse them?

Tim Akpinar
Tim Akpinar answered on Jan 1, 2020

A Missouri attorney could advise best on how an insurance carrier would handle this, as insurance practices are governed by state law. But your question remains open for two weeks, and you were concerned about responding to the other person in a week. As a general matter in many jurisdictions, auto... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: can a creditor see if they were included in a bankruptcy

I filed bankruptcy in 2016 and I got a creditor still threatened to sue

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. Have your lawyer send them a cease and desist letter.

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Missouri on
Q: How long after everything is finalized do you have to comply with court orders?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: What is a legal eviction? And how many days do you have to leave the property?

I was working for this company for 2 and a half years. At first I was just a kennel tech 8.50/hr when i first started. Few months later they made me kennel manager and on salary for 650.00 till just recently I got fired. Being kennel manager they let me get the house that's on the property. At... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

A "legal" eviction requires a court case and judgment against you before the landlord can have the sheriff execute on the judgment and return possession to the landlord. It sounds like you were given a notice to vacate from the landlord and that the landlord will likely file suit if you don't... Read more »

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