Lawyers, Answer Questions  & Get Points Log In
Missouri Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Out of state customer signed a construction contract on 10/26/20 and on 11/30/20 backed out and wants down payment back.

I am an Insulation Contractor from Illinois where I live and work full time. My client, whom I’ve never met face-to-face (we’ve only communicated via texts and phone calls) dialed me from New York, where he lives and works and requested a quote for Crawlspace Encapsulation for his new future... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 2, 2020

I suggest that you repost your question and list your location as Illinois rather than Missouri, because you've got a state law issue.

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Can my ex take me for child support even though she denied it when the divorce was finalized and we have joint custody.

My ex and I divorced in June of 2019, she and I agreed that b/c we both have joint custody of the kids there is no reason we need to pay child support. She has continuously threatened to take me for child support even though she denied it in front of the judge and now because she is unable to pay... Read more »

Steve D. Hardin
Steve D. Hardin answered on Nov 30, 2020

Yes she can seek child support alleging a change in circumstance. You should speak to an attorney to discuss your options after a review of your case.

1 Answer | Asked in Estate Planning for Missouri on
Q: My grandfather recently passed away in Missouri, my mom is still apart of his will even though she died 7 years ago.

Will her share go to her older children?

David S. Schleiffarth
David S. Schleiffarth answered on Nov 27, 2020

This depends entirely on the language of the Will.

Frequently, the children would be next in line (each receiving an equal share), but without reading the Will there is no way for me to know.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Libel question regarding the comments section of a local/regional online forum for neighborhood residents.

I recently commented on a forum post. The situation I commented on was odd and many people questioned it, including me. My comment was a bit disrespectful, another poster gave more information, which led me to apologizing publicly & going on to support the poster. In this process, a woman... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 25, 2020

Based on the information you shared, I don't think you'd have a viable case for defamation for two reasons. First, you haven't articulated any objectively false statement she made about you. Second, you haven't articulated any damages that you suffered. Hurt feeling are not... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: The seller didn’t respond to resolution of unacceptable condition amendment till the 7th day and just sent a cancelatio

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?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 25, 2020

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 »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Can a buyer walk away from buying our house when contracts have been signed?

We had no contingencies and it was an all cash offer, but the buyer has not provided proof of finances. Buyer also gave us two weeks to move out, so movers have been hired, a new house has been purchased (contingent on current house selling), and suddenly buyer has gone quiet and is unable to be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 24, 2020

Go see an attorney to discuss filing suit for specific performance or breach of contract. Based on the facts that you described it sounds like you could assert strong claims. A good attorney will help you assess practical considerations, however.

1 Answer | Asked in Estate Planning for Missouri on
Q: My aunt left me a trustee of her estate. She had a revocable trust set up with specific amounts to distribute.

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?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 22, 2020

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.

1 Answer | Asked in Civil Rights and Civil Litigation for Missouri on
Q: Do I have a civil case if a Walmart employee committed a crime against me (meaning Walmart did not create a safe environ

I paid $350+ for a Walmart Grocery pickup order. One of the employees there got into a very heated conversation with me and said "I'm gonna F**K you up, you B***H F****T " among other things. Ultimately, I was never given my order and I had to just accept the abuse.

I think... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

I’m sorry that you were subjected to such unprofessional treatment. You ask if you “have a case.” You have a case if you sue and have a case number assigned.

Given that your actual damages would be tough to calculate and it doesn’t appear that you were physically harmed, you are...
Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I signed a Liability Waiver but the damage is still occuring do is the company still liable?

I had a HVAC unit installed via a grant program, the subcontractor upon install did the following:

Did not ground the unit properly which caused my dog to be shocked to death

Unit went on emergency mode and blew 97 degree temp heat out and was not able to shut off, so I had to put... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

An attorney would need to review the contract. Even if you couldn’t pursue a claim for breach of contract, Missouri’s consumer protection statute, the Merchandising Practices Act might be an avenue for legal relief.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If I started renting and then they sold it how does the lease work
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 20, 2020

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.

1 Answer | Asked in Collections for Missouri on
Q: Can an entity sue me for medical debt if I'm not the guarantor?

I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 20, 2020

The legal theory under which you could be held liable is the "doctrine of necessaries."

Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
Steve D. Hardin answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

1 Answer | Asked in Collections for Missouri on
Q: What are my options for a hospital bill law suit
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 18, 2020

Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.

Which option makes most sense will...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My work made me quarantine after being exposed to covid then fired me.

After my test results came back negative he said I still had to wait the remainder of the 2 weeks then today he fired me stating that it caused his numbers to bottom out. I was supposed to return in 2 days. I work and live in Missouri. Is this legal?

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Your employer may have violation the Family First Coronavirus Response Act. You should contact an employment attorney in your area to determine whether your employer was subject to the Act and to disucss your options.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I was givin a ticket by missour highway potrol for a dry an wet vape pin what should i do???
Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Missouri attorney should advise you, but your question remains open for two weeks and time is of the essence in your actions. Depending on what was in the vape pen, you should consider reaching out to a Missouri criminal defense attorney to discuss. This does not appear to be a med mal matter.... Read more »

2 Answers | Asked in Criminal Law for Missouri on
Q: What is the statute of limitations on class d misdemeanor stealing in Missouri

My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a... Read more »

Andrea Rogers
Andrea Rogers answered on Nov 16, 2020

No, this case is not going to be dismissed because of statute of limitations. For misdemeanors, the Prosecutor has 1 year from the date of the incident to file charges. In this case, it sounds like the Prosecutor filed the charge well within the 1-year statute of limitations.

View More Answers

1 Answer | Asked in Personal Injury for Missouri on
Q: What is the penalty for assaulting a nurse in Missouri, and can you point me to the relevant legal code?
Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

You have this posted under Personal Injury, and it remains open for two weeks. This is something a Missouri criminal defense attorney is more likely to know than a personal injury attorney. You could repost under Criminal Law for better chances of a response. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Missouri on
Q: Hello, last night I drove my mother to the hospital due to an ankle injury. She broke her leg and ankle.

Hello, last night I drove my mother to the hospital due to an ankle injury. She broke her leg and ankle. The hospital put a cast on her leg. I was not able to go inside the hospital due to COVID. When she said she was coming out to leave she fell down inside the hospital breaking two ribs. Is the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A Missouri attorney could advise best, but your post remains open for two weeks. I'm sorry for your mother's ordeal. For the most meaningful answer to your question, it would be helpful to investigate the matter in greater detail, in terms of hospital policies, witness statements,... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: I was in a no contact accident. I was merging from the left lane, signal on, checked all of my mirrors. I was able

To get into the other lane but a few seconds late I hear tires screen and see a motocycle sideway on the road with no driver on it. I pull of the road and call 911 but see some cops who can help and follow them back to the scene to give a statement . I eventually found out that the driver that fell... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Missouri attorney could advise best, but your post remains open for a week and time is of the essence in your matter. By this point, it's possible the police report might have materialized. You could consult with a local attorney to go over the facts of the accident, possibly with the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.