Missouri Questions & Answers by Practice Area

Missouri Questions & Answers

Q: If a person lives and dies in Missouri but owns land in missouri and Pa. where is probate done?

1 Answer | Asked in Probate for Missouri on
Answered on Mar 21, 2017

It could be either place. If you file the primary probate in Missouri, you'll do an ancillary probate in Pennsylvania, or vice versa. Small estate procedures may also be available in one or both states. Contact experienced probate counsel in both states for a more definite prognosis.

PS: My comments here are for general information only and are not legal advice nor do they establish an attorney-client relationship with me. Consult counsel in your state for legal advice on your...
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Q: my sister in law is leaving property to my wife. Value about 105,000 dollars. Does that have to clear probate?

1 Answer | Asked in Probate for Missouri on
Answered on Mar 10, 2017

It depends on how your sister in law structures the bequest. As a beneficiary to a financial account? No it doesn't go through probate. As a 'gift' in a will, then yes it does. There are pros and cons to each method (as well as many OTHER methods to do this) so your sister in law should consult with a local (to her) lawyer who can provide an appropriate estate plan. It is OFTEN better to avoid probate, but not always, and the METHOD used to avoid probate can be expensive if not chosen...
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Q: Can I sell items using quotes from a public domain work, but taking the actual wording from a modern translation?

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Answered on Feb 25, 2017

There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.

(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original work, that may contain editorial additions. So, Leonardo Da Vinci's Mona Lisa is in the public domain. But that does not mean that a photograph taken of the Mona Lisa is necessarily in the public...
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Q: Can a student in the US here on a student visa get a driver's license?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Feb 23, 2017

Yes. You will be given a license for no more than the term of your current visa provided you meet all other requirements.
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Q: Home owners assotiations and fines! Fined for dog getting lose and my 14yr old driving to dump the trash with an adult.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for Missouri on
Answered on Feb 19, 2017

Ask under what section they are fining you as you don't see it in your agreement. If that doesn't resolve it take it to a lawyer who handles HOA disputes.
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Q: Was a beneficiary to a will made in 2007 in Missouri , never notified, really convoluted story with lots of greed ,

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Answered on Feb 16, 2017

Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of the Trust? Or executor of the estate? If either Trustee or Executor, he or she owed a fiduciary duty to the devisees under the will and/or the beneficiaries of the Trust. Were you a beneficiary under...
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Q: How can I stop a survey site from sending me emails. I have tried unsubscribing numerous times and closed my account.

1 Answer | Asked in Internet Law for Missouri on
Answered on Jan 30, 2017

You can contact the Federal Trade Commission ("FTC") and file a complaint here: https://www.ftccomplaintassistant.gov/

You can forward unwanted or deceptive messages to the Federal Trade Commission at spam@uce.gov. Be sure to include the complete spam email, the sender's email provider, if you can tell who it is.

You can also email it to your email provider. At the top of the message, state that you're complaining about being spammed. Some email services have buttons that...
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Q: How do you calculate the start of your permanent residency?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Jan 26, 2017

From the date of your admission as a permanent resident (usually the date your green card is issued).
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Q: Needing a divorce, Have two children and we live below poverty level, What do I do?

1 Answer | Asked in Divorce for Missouri on
Answered on Jan 17, 2017

Check into free legal services available to low-income and disadvantaged in Missouri. http://www.lsmo.org/
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Q: What is the difference between Tenants in Common, Joint Tenants, and Tenants by the Entirety?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Jan 11, 2017

The simple answer is these are all interests in real property. Tenants by the Entirety is only ownership by a husband and wife. This interest is an undivided interest in real estate. Creditors of one spouse can't generally attach or take the property.

Joint Tenants is an undivided interest in real estate in which upon death of one tenant the surviving tenant(s) get the deceased tenant's interest.

Tenants in Common is an undivided interest in real estate. Upon death, the...
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Q: I am seeking an attorney in the st Louis area interested handling an implant dental malpractice suit..

2 Answers | Asked in Medical Malpractice for Missouri on
Answered on Jan 9, 2017

Here is a list of lawyers in St. Louis who handle personal injury: https://www.justia.com/lawyers/injury-accident-law/missouri/saint-louis

Here is a more narrow list from a different provider: http://attorneys.lawinfo.com/dental-malpractice/missouri/st-louis/
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Q: Can my fiance travel to the US on a tourist visa while we apply for a K1 visa?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Jan 2, 2017

As long as your fiancé intends to return to India after coming on the tourist visa, they should be able to pursue the K-1 later. However, he may be denied a tourist visa since it seems he intends to immigrate to the US in order to be with you permanently. Talk to a lawyer to know the rules around these visas so you can reach your goal of living together in the US.
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Q: Can officer legaly take my dealer tag after an accident was someone elses fault our driver had an unknown suspend licean

1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Rights for Missouri on
Answered on Dec 22, 2016

Should return it or give an explanation.
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Q: My wife filled an order of protection (Domestic Violence) against me. The court hearing is in Jan-2017.

1 Answer | Asked in Immigration Law for Missouri on
Answered on Dec 20, 2016

Your idea is the wrong way to handle this situation. You are not likely to be allowed back into the US if you are convicted of Domestic Violence. You need to involve both a criminal defense attorney and an immigration attorney. Since a crime is involved, do not discuss this on line or over the phone. You need to retain both attorneys immediately to help you both.

Without more facts, which is not safe for you to post on line, your questions cannot be answered nor can your concerns be...
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Q: My mother was killed on a Walmart parking lot. She was walking to her car when someone 85 years old back out of a

1 Answer | Asked in Wrongful Death for Missouri on
Answered on Dec 19, 2016

Unlikely, but it depends on the situation of the parking, etc. You should contact a member ofthe Missiouri Assn of Trial Attorneys--they give free consultations.
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Q: which form goes first to fill out and send Form I-601A or I-130?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Dec 7, 2016

You must have an approved Form I-130 (or an immigrant visa available to you) in order to file Form I-601A. Therefore, it is usually the I-130. Make sure you are eligible to file Form I-601A though.
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Q: How long is a green card valid?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Dec 3, 2016

It depends. They are valid for either 2 years or 10 years. The 2 year cards are for conditional residents. You can read more about that here: http://www.bgimmigration.com/2016/03/18/how-to-renew-conditional-residency-card/
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Q: can my girlfriend come into the interrogation room with me during questioning

1 Answer | Asked in Criminal Law for Missouri on
Answered on Oct 29, 2016

Is she your lawyer? If so, then she can. Otherwise, the police probably won't allow it. If you go into an interrogation room, with or without your girlfriend, you are making a HUGE mistake! DO NOT allow yourself to be questioned by police, ever, without defense counsel by your side!
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Q: i am a permanent resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them,

2 Answers | Asked in Immigration Law for Missouri on
Answered on Oct 17, 2016

You may petition for your daughters as a conditional resident. Just pay attention to processing times because it is very likely their visas would expire prior to their priority dates being current, and because they would not be considered immediate relatives of US citizens, any unlawful presence accrued in the US could require a waiver at a later date.
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Q: Is this libel?

1 Answer | Asked in Libel & Slander and Personal Injury for Missouri on
Answered on Oct 17, 2016

Generally in court statements aren't subject to libel as it's presumed the court system has ways of dealing with this (perjury, subornation of perjury, etc). Discuss with your lawyer. Enjoy --if you are correct it can only damage their case.
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