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Missouri Questions & Answers
1 Answer | Asked in Probate for Missouri on
Q: My mother just passed away in Missouri. Her estate is just debt. Do I have to do anything legally?

Is there a legal obligation to get involved in her estate? I prefer to let nature takes it's course.

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

If she doesn't have any assets that need to be retitled, there is nothing you need to do.

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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1 Answer | Asked in Criminal Law for Missouri on
Q: What's the law on writing a statement on yourself while under the influence of meth?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

I'm not sure what you mean by "a statement on yourself."

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Is it illegal for a 28 year old man to date a 18 year old girl?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

No. The 18-year-old is not a girl but rather a woman.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Missouri on
Q: Can a criminal intelligence investigator tell me that they have a investigation on me and that they have built a case?

He also said he was investigating me for 22 days and built a case and closed my file and is turning it in to the PA and that charges will be filed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

What's a "criminal intelligence investigator"? Make sure this isn't a scam.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I record a phone conversation in missouri and it be permissible in court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

It could depend on who was on the other end and if that person is a party to the suit and whether you provide that it is authentic and whether you overcome any hearsay objection.

1 Answer | Asked in Consumer Law for Missouri on
Q: Does the state of Missouri have protections for consumers victimized by contractors?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).

The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:

1. The act, use or employment by any person of any...
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1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: Can I not let a housekeeper in room if I don't want service

I work nights and sleep days. Been here 9 months plus. Have let them in in the past. Nothing wrong want to be left alone to sleep

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

You've not indicated anything about your living arrangement, i.e., is it a hotel, motel, apartment, or room in someone's residence. Without knowing more, it's impossible to answer your question. I suggest you report or edit your post if possible.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the state's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

2 Answers | Asked in Contracts for Missouri on
Q: I ran a stop sign into a cop. He gave me a paper saying I ran sign but not into him. He also gave me a court date.

What is going to happen in court?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

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1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors say... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging studies, and... Read more »

2 Answers | Asked in Contracts for Missouri on
Q: I pay my rent online the website always says my rent is 800. My lease says 850. I am now being charged back rent.

I pay my rent online the website has always said my rent is 800. My lease says 850 which I did not know as I just renewed my lease without reading it. I am now being charged back rent for the extra 50 that I have not been paying. If it has always said 800 on their website is it legal for them to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 21, 2019

It's not a matter of legal v. illegal but rather a matter of what your contract states. It sounds like you've been underpaying rent due to a mutual mistake but that you owe the amount stated in the contract.

You should have read your new lease before signing it. The failure to read a...
Read more »

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1 Answer | Asked in Appeals / Appellate Law for Missouri on
Q: how can I check citations of a Missouri Court of Appeals case online?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 19, 2019

You can subscribe to Westlaw or LexisNexus or use "Google Scholar" for free. It will show state and federal decisions but not necessary show you if the decisions have been overturned. I hope this helps.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My question is about abandonment of a dog in my care how long before I can take ownership

I have had this dog since the 5th of this month with no response from the owner since about the tenth

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You would be wise to review the property laws in your state and/or to visit with an attorney. Do not risk being charged with theft of property for failure to turn it back over to the original owner.

2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I own my property,can I download a living will and have it notarized and it be legal ,also I get Medicaid and food stamp

Can state take my property if I have a will ,just trying to look what I should do? I’m live in Illinois

Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A living will specifies in advance how a person wants medical treatment to be administered if they are permanently unconscious or terminally ill and therefore unable to express their wishes. A living will can cover topics such as whether or not you wish to be resuscitated if you stop breathing or... Read more »

1 Answer | Asked in Criminal Law and Probate for Missouri on
Q: What is the best way to get my sons car that was TOD in his name from someone who has it and has forged the title?

My sons dad passed away leaving his car to our son, naming our son TOD on title. The car not only was not returned to him but later,forged the title. I can't afford a lawyer. What else can I do?

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Start by taking your son and the paperwork that you have to your local motor vehicle department and explain the situation to them. Also file a police report for auto theft.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on
Q: My dog just died from eating berries off a lantana plant in the backyard of the home I've been renting since June. Sue?

My landlord never advised that plants on property were toxic to dogs. I accumulated about $2,500 in vet bills trying to save my dog to no avail. Can I ask my landlord to reimburse?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2019

I am sorry that your dog got poisoned, but I'm not aware of any Missouri case on point. My gut feeling is that a landlord is not under a duty to advise a tenant of plants that are toxic to animals. Here is a link to an old Missouri Court of Appeals case, Grimmeissen v. Walgreen Drug Stores, 229... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I am being evicted and . I am in Missouri. Can I file an Application for Stay of Execution to allow longer to move

I have not been able to pay rent due to illness and unable to work

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 6, 2019

Unfortunately, a tenant's financial and physical conditions are not relevant to whether a writ of execution may issue and be carried out. You can certainly filed whatever you wish but, realistically, it won't be granted and the execution will likely be carried out before you could get your motion... Read more »

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