Missouri Questions & Answers by Practice Area
- Bankruptcy
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Missouri Questions & Answers
Q: My mother passed away and we had CD's in both of our names. However, the bank is asking for a Letter of Administration
Dr Kenneth V Zichi J.D.'s answer
No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this forum either.
Seriously, there are a lot of things going on here, and without actually SEEING the documentation and title of the account, it is impossible to know what to file with the court. This may be a...
No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this forum either.
Seriously, there are a lot of things going on here, and without actually SEEING the documentation and title of the account, it is impossible to know what to file with the court. This may be a...
Q: Mother died in November...Me,my sister. And brother on mother's home deed and her name. Brother died six weeks ago ..jus
Ray Choudhry's answer
Check with MO lawyer.
In Illinois, if deed in joint tenancy, then as each dies, those remaining become owners.
Check with MO lawyer.
In Illinois, if deed in joint tenancy, then as each dies, those remaining become owners.
Q: How soon can I get another credit card after I file for bankruptcy?
David Earl Phillips' answer
You are free to apply anytime after you file that you wish. It will be up to the creditor if they wish to give you a card or not. The discharge of a chapter 7 usually comes about 4 months after filing if all goes well. Some creditors may not even consider your application until after the discharge is entered. It is totally up to the creditors. Hope it works out. Good luck!
You are free to apply anytime after you file that you wish. It will be up to the creditor if they wish to give you a card or not. The discharge of a chapter 7 usually comes about 4 months after filing if all goes well. Some creditors may not even consider your application until after the discharge is entered. It is totally up to the creditors. Hope it works out. Good luck!
Q: Can someone sue me and demand I pay their lawyer fees when I can't even afford a lawyer myself?
Kristen Thurmond's answer
The short answer is probably not. There are provisions that allow for attorneys fees to be paid by the other party, but certain criteria must be met. However, you really should talk with a local attorney about the particulars of the case. Lots of attorneys will give free consultations by phone.
The short answer is probably not. There are provisions that allow for attorneys fees to be paid by the other party, but certain criteria must be met. However, you really should talk with a local attorney about the particulars of the case. Lots of attorneys will give free consultations by phone.
Q: What rights does a 16 years old female have to leave home.... (17 next month)?
Nrupa Patel's answer
There are no rights...she is still a minor. If she leaves and parents don't know where she is, parents can call the police to make a runaway report an any law enforcement officer that comes across her would have to take her into custody and take her back home.
There are no rights...she is still a minor. If she leaves and parents don't know where she is, parents can call the police to make a runaway report an any law enforcement officer that comes across her would have to take her into custody and take her back home.
Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?
Peter Munsing's answer
I believe not, but why not ask your attorney, or if you don't have one a member of the Mo. Assn for Justice?
I believe not, but why not ask your attorney, or if you don't have one a member of the Mo. Assn for Justice?
Q: I have products from The Honest Company that have been recalled due to a lawsuit. How do I file a claim?
Peter Munsing's answer
Do you have all the product or did you use it? Contact the attorneys that brought the case.
Do you have all the product or did you use it? Contact the attorneys that brought the case.
Q: How do you prove a wrongful death?
Peter Munsing's answer
The same way you prove other cases. With evidence. If you think you have a case, contact a member of the Mo. Assn for Justice--they give free consultations.
The same way you prove other cases. With evidence. If you think you have a case, contact a member of the Mo. Assn for Justice--they give free consultations.
Q: Is it possible for me to get compensation from my school?
Peter Munsing's answer
Possibly for the trainer's actions but it will be difficult to find a doctor to say that. Contact a member of the Missouri Assn for Justice--they give free consults.
Possibly for the trainer's actions but it will be difficult to find a doctor to say that. Contact a member of the Missouri Assn for Justice--they give free consults.
Q: A city bus hit my car while it was parked legally on the side of the street. The city is claiming it has government
Peter Munsing's answer
Yes and no. It has immunity but I don't believe that applies to property damage.
Yes and no. It has immunity but I don't believe that applies to property damage.
Q: can you sue hospital for not verifying POA and allowing someone other than POA 2 make medical decisions on my moms behal
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Missouri
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Peter Munsing's answer
Depends on the outcome. Review the situation with a member of the Mo. Assn for Justice who handles medical issues--they give free consults.
Depends on the outcome. Review the situation with a member of the Mo. Assn for Justice who handles medical issues--they give free consults.
Q: A business was built next to my home. It was built to where anyone can see over my fence.
Peter Munsing's answer
You don't have a right to sunbathe in the nude that trumps the right of a property owner to build on their land whatever the zoning code allows. For instance if they want a two story or more building and it's OK by zoning, they could do that.
You don't have a right to sunbathe in the nude that trumps the right of a property owner to build on their land whatever the zoning code allows. For instance if they want a two story or more building and it's OK by zoning, they could do that.
Q: Can POA sell property
Dr Kenneth V Zichi J.D.'s answer
The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a pretty unusual thing to put in a will.
You should seek local legal guidance about what you can and cannot do, but please remember that the PoA has an OBLIGATION to only do what is in the PRINCIPAL's best interest....
The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a pretty unusual thing to put in a will.
You should seek local legal guidance about what you can and cannot do, but please remember that the PoA has an OBLIGATION to only do what is in the PRINCIPAL's best interest....
Q: I am married and live in Missouri, my husband pretty soon to be ex is in Puerto Rico. Can I get divorced in the states?
Kristen Thurmond's answer
Yes, you can get divorced in Missouri. Look up how to self-represent in Missouri or contact a local attorney for a consultation on how to proceed.
Yes, you can get divorced in Missouri. Look up how to self-represent in Missouri or contact a local attorney for a consultation on how to proceed.
Q: I testified against my boyfriend for domestic violence but I pleaded the fifth and they still made me testify. What can
1 Answer
| Asked
in
Criminal Law, Personal Injury and Domestic Violence
for
Missouri
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Peter Munsing's answer
Why? You don't want to get back with an abuser. He is where he should be. Sorry, but it's up to his lawyer to try to get him out. Not your job. You apparently did what you could do but the evidence was such that he got put away. That should be a message to you.
Why? You don't want to get back with an abuser. He is where he should be. Sorry, but it's up to his lawyer to try to get him out. Not your job. You apparently did what you could do but the evidence was such that he got put away. That should be a message to you.
Q: i wanna know my rights in a custody battle in a non married relationship
Kristen Thurmond's answer
There is nothing preventing the mother of a child from moving out of state with the child unless there is a court order saying otherwise. If you and the mother are not married, you need to file a paternity action in order to assert your rights as a father and get a parenting plan put in place that discusses custody of the child. Without a parenting plan, there is no guarantee you'll get to see your child once you land her separate unless the mother agrees to it. You need to look over the...
There is nothing preventing the mother of a child from moving out of state with the child unless there is a court order saying otherwise. If you and the mother are not married, you need to file a paternity action in order to assert your rights as a father and get a parenting plan put in place that discusses custody of the child. Without a parenting plan, there is no guarantee you'll get to see your child once you land her separate unless the mother agrees to it. You need to look over the...
Q: I am looking for a pro bono tax attorney
Michelle D. Wynn's answer
I suggest contacting your local Low Income Taxpayer Clinic. You can find a listing of them in your area by following this link to the Low Income Taxpayer Clinic Map: https://taxpayeradvocate.irs.gov/about/litc
I suggest contacting your local Low Income Taxpayer Clinic. You can find a listing of them in your area by following this link to the Low Income Taxpayer Clinic Map: https://taxpayeradvocate.irs.gov/about/litc
Q: What steps do I take when my attorney has not represented me in a chapter 13, I've lost my car now it may be the house
David Earl Phillips' answer
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
Q: How do I secure a certificate from Attorney General (Tvisa-Traffic in person), the defendant has been prosecuted.
Lindsay G Gray's answer
Each law enforcement agency has different policies about how to go about requesting these letters. I would recommend calling the AG's office to ask what information they would like in order to write the letter, or contacting an experienced immigration lawyer who can guide you through the process. Good luck!
Each law enforcement agency has different policies about how to go about requesting these letters. I would recommend calling the AG's office to ask what information they would like in order to write the letter, or contacting an experienced immigration lawyer who can guide you through the process. Good luck!
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