Missouri Questions & Answers by Practice Area
- Bankruptcy
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- Animal / Dog Law
- Antitrust
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- Arbitration / Mediation Law
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- Business Law
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- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
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- Communications Law
- Constitutional Law
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- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
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- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Native American Law
- Nursing Home Abuse
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- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
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- Uncategorized
- White Collar Crime
- Wrongful Death
Missouri Questions & Answers
Q: I am current on child support. My ex wife has just been sentenced to 5 years in the State Pen. What happens now?
Kristen Thurmond's answer
The answer depends on where your kids are living. If they're living with relatives or in a foster placement, you may have to continue to pay child support and the monies will go to their caretakers or the state. If the kids are living with you, then you need to immediately file to terminate support or ask for support from mother (regardless of her situation). Contact a local attorney to discuss what you need to do because it is time sensitive (the longer you wait, the more you pay and may not...
The answer depends on where your kids are living. If they're living with relatives or in a foster placement, you may have to continue to pay child support and the monies will go to their caretakers or the state. If the kids are living with you, then you need to immediately file to terminate support or ask for support from mother (regardless of her situation). Contact a local attorney to discuss what you need to do because it is time sensitive (the longer you wait, the more you pay and may not...
Q: Felony assault charge 12 years ago. Is there a chance to ever get this expunged from my record or sealed
Adam Joseph Childers' answer
Yes, you need to petition to seal the record and allow the prosecutor to look over it to see if they have any objections. Due to the length of time since the conviction hopefully there would not be an issue. You would not need any other criminal convictions on your record in order to get a positive response from the prosecuting attorney's office. But, even if the prosecutor objected it would be up to the judge on whether or not to seal the record. Just having the prosecuting attorney's office...
Yes, you need to petition to seal the record and allow the prosecutor to look over it to see if they have any objections. Due to the length of time since the conviction hopefully there would not be an issue. You would not need any other criminal convictions on your record in order to get a positive response from the prosecuting attorney's office. But, even if the prosecutor objected it would be up to the judge on whether or not to seal the record. Just having the prosecuting attorney's office...
Q: Can I file for bankruptcy without hiring an attorney? What are the biggest risks?
Michael Francis Barrett's answer
As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully understand issues regarding what constitutes property of the bankruptcy estate, what is a preference or a fraudulent conveyance; and even if you are able to fully grasp the legal side, you won't have...
As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully understand issues regarding what constitutes property of the bankruptcy estate, what is a preference or a fraudulent conveyance; and even if you are able to fully grasp the legal side, you won't have...
Q: I know I have to be of sound mind to make a will. Is the phrase "of sound mind" required to appear in my will? Thanks.
Kenneth V Zichi's answer
REQUIRED, no, but the concept needs to be there in some form either in the document itself and more importantly in the jurat where the witnesses acknowledge things.
WHY would you object to that? PLEASE seek the counsel of a local lawyer who can both guide you in what needs to be in the document and what needs to be done to insure its legal enforcability.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
REQUIRED, no, but the concept needs to be there in some form either in the document itself and more importantly in the jurat where the witnesses acknowledge things.
WHY would you object to that? PLEASE seek the counsel of a local lawyer who can both guide you in what needs to be in the document and what needs to be done to insure its legal enforcability.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
Q: Is there any way to protect myself from subrogation if I didn't cause the accident and wasn't driving?
1 Answer
| Asked
in
Bankruptcy, Car Accidents and Insurance Defense
for
Missouri
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Peter Munsing's answer
I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including injury claims then it may be a deal. If it's just for property damage and you face an injury claim, no deal.4)contact a lawyer who handles insurance defense. It may be they will charge a consultation fee but worth it if...
I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including injury claims then it may be a deal. If it's just for property damage and you face an injury claim, no deal.4)contact a lawyer who handles insurance defense. It may be they will charge a consultation fee but worth it if...
Q: I have metallosis,not from hip replacement, from knee& femur surgery in 1994 & 1995. Are there any attorneys who handle
Peter Munsing's answer
Yes. Do you know the manufacturer? Start by getting your medical records from those surgeries. No need to explain why.
Get a copy of the bills if you can--they may identify manufacturer. You want the complete chart for each surgery.
Yes. Do you know the manufacturer? Start by getting your medical records from those surgeries. No need to explain why.
Get a copy of the bills if you can--they may identify manufacturer. You want the complete chart for each surgery.
Q: I just took out a loan to pay off a personal loan, and for an emergency. is this considerd Fraud if I file in 90 days?
Stuart Nachbar's answer
If at all possible, I would recommend that you wait the 90 days and make one or two minimum payments.
If at all possible, I would recommend that you wait the 90 days and make one or two minimum payments.
Q: if my dog is on my property and some kids come up and touch him and he bites them. What could the consequences be?
Peter Munsing's answer
file an animal cruelty complaint. Notify your homeowners. Kids were technically trespassers.
file an animal cruelty complaint. Notify your homeowners. Kids were technically trespassers.
Q: I need help about weather a situation at a job is discrimination and weather it is illegal? If it is I also need to know
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Missouri
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
William Head's answer
Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.
Best bet is to seek a FREE consultation with an employment attorney. Use this link:
http://attorneys.superlawyers.com/employment-law-employee/missouri/
Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.
Best bet is to seek a FREE consultation with an employment attorney. Use this link:
http://attorneys.superlawyers.com/employment-law-employee/missouri/
Q: can we keep a dog if the owner is abusing and neglecting it
Kristen Thurmond's answer
This is a difficult question, but ultimately the answer is probably that you can keep the dog with you. However, in order to make sure this is done properly, you need to contact your local animal control or police department to report the abuse and state that you are willing to foster the dog at your own expense until this is resolved. More than likely, if the owner is found guilty he or she won't be allowed to have any pets for at least a year or more and he or she will be forced to surrender...
This is a difficult question, but ultimately the answer is probably that you can keep the dog with you. However, in order to make sure this is done properly, you need to contact your local animal control or police department to report the abuse and state that you are willing to foster the dog at your own expense until this is resolved. More than likely, if the owner is found guilty he or she won't be allowed to have any pets for at least a year or more and he or she will be forced to surrender...
Q: My 19 year old single daughter passed away intestate in St. Louis.
Ben F Meek III's answer
A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or co-signed any of them. Since she died without assets, there will be nothing from which a creditor could collect, if there were a forced sale. I defer to my Missouri colleagues, but it doesn't look to me like...
A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or co-signed any of them. Since she died without assets, there will be nothing from which a creditor could collect, if there were a forced sale. I defer to my Missouri colleagues, but it doesn't look to me like...
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
Kenneth V Zichi'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.
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