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Missouri Questions & Answers

1 Answer | Asked in Criminal Law and Sexual Harassment for Missouri on

Q: Can a cop ask you describe a sexual act between you and your boyfriend in detail

Was pulled over a Cop found a brand new boxFigure in in my vehicle it is not illegal in Missouri to possess fake urineThe cop accused me of using it to pass probation tests even though I had never provided a UA for my probation yet and when I told him it was for fetish purposes he asked me to... Read more »

Gary Kollin answered on Aug 24, 2019

Yes

1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on

Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on

Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

Ronald J. Eisenberg answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

3 Answers | Asked in Bankruptcy for Missouri on

Q: If i owe a somebody filing bankruptcy money, and there is no written contract nor payment arrangement, what can happen

Amount owed is "allegedly" about $40,000. No written contract and no agreement on how to pay the funds back was ever discussed.

Clark Dray answered on Aug 20, 2019

The bankruptcy trustee steps into the shoes of the Debtor. This means the trustee can sue you for the money. Whether or not he or she does so will depend on whether the Debtor discloses the claim, which he or she must, and whether the trustee thinks he or she could prevail in a suit against you.

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1 Answer | Asked in Estate Planning and Probate for Missouri on

Q: My mother passed away in nov. 2018, there is my sister, brother and me. My sister was POA. Also she was The executor. My

mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... Read more »

David S. Schleiffarth answered on Aug 20, 2019

For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.

*This response is the opinion of the author and is intended for educational purposes only. It does not constitute legal advice, nor does it create an...
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1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on

Q: We are renting a townhouse and the garage door won't stay closed. Can we terminate the lease?

Our garage door will open in the middle of the night on its own. It will also open while we are gone for the week/weekend and stay open for days at a time without us knowing. We have told our landlord of the issue 3 times in 2 months and it still isn't fixed. They had their maintenance person come... Read more »

Ronald J. Eisenberg answered on Aug 16, 2019

I should publish an article on this type of question because it comes up so often. I don’t mean the garage door issue but rather a tenant who is upset about the condition of the premises and wants to terminate the lease.

Here’s my answer.

1. If you and your landlord can...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on

Q: How do I initiate a hostile land grab

Ronald J. Eisenberg answered on Aug 15, 2019

Your post is unclear. If you are inquiring about how to file an adverse possession lawsuit, I suggest you get a survey done and hire a good real estate attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on

Q: If I need a landlord tenant lawyer but I can't afford to pay for the attorney out of pocket. What are my options

My landlord is in breach. But I don't have enough money to pay for the attorney myself. But I need help

Ronald J. Eisenberg answered on Aug 14, 2019

If you are being sued and lack funds contact Legal Services of Eastern Missouri. If you want to sue your landlord and lack funds, either file suit pro se or find a friend or relative to pay your legal fees (unlikely) or borrow money to pay an attorney. I hope everything works out for you.

1 Answer | Asked in Car Accidents for Missouri on

Q: I struck a pedestrian with my vehicle and he has passed away. Can I be charged?

He ran out in front of my vehicle. He was not in a crosswalk. I later found out that he had been drinking

Ronald J. Eisenberg answered on Aug 14, 2019

You can indeed. It sounds like you have some defenses.

1 Answer | Asked in Landlord - Tenant for Missouri on

Q: Hello my landlord is taking my husband and I to court and the judge continued our case and said we need to file a

Counter suit but the court clerk said they don’t have the forms for me to do so. She stated “you’ll have to do some research and find it yourself” where would I find this information? Also since we are counter suing for uninhabitable living conditions is the landlord allowed to come finally... Read more »

Ronald J. Eisenberg answered on Aug 14, 2019

There is no custom-fit form. You’ll either need to hire and attorney or educate yourself as best you can and be at a big disadvantage of your landlord is represented by counsel.

1 Answer | Asked in Federal Crimes for Missouri on

Q: Can the federal government be sued for shooting at my son

He came to pick up his cousin at a hotel who was involved in a drug transaction unbeknownst to him. He saw police swarming in and took off they shot at him putting 4 bullets in his truck. Because they shouldn't have done it they are putting him in a drug conspiracy & claiming he tried to run them... Read more »

Gary Kollin answered on Aug 14, 2019

No

2 Answers | Asked in Family Law and Child Support for Missouri on

Q: What does it mean, cause set for case review and trial setting. Does this mean I have to attend this court date.

Its pertaining to affidavit for termination of child support. I filed an answer objecting.

Lydia Seifner answered on Aug 13, 2019

If you are taking care of the case yourself, without an attorney, you must attend every court date.

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1 Answer | Asked in Real Estate Law for Missouri on

Q: Can you use property that was purchase by a township for a comp to your property in a arms reach distance to your.

Can we use a square foot price on are land to compare with the property that was just purchase by the city. City had purchase many property in same area but most had a building on them. They only need the land for flood control as all building will be tore down at a additional cost. Please help

Jennifer Sheila Kornblum answered on Aug 12, 2019

When a municipality purchases property under eminent domain, it is required to pay fair market value. However, it is unclear from your question whether that is the case here. In any case, you will need additional comparable property sales to get an accurate picture of the value of your property.

1 Answer | Asked in Real Estate Law for Missouri on

Q: Can I get evicted from my own house?

My house deed is in me and my husband's names. However, he moved out 3 months ago and took his name off of all the bills. Now he is threatening to evict me. Is that legal?

Jennifer Sheila Kornblum answered on Aug 12, 2019

If your name is on title, you cannot be evicted by someone else on title. However, your husband could file a court case called "Partition" which would force sale of the house. Either way, your best way to protect your interest in the home is to consult an attorney.

1 Answer | Asked in Adoption and Family Law for Missouri on

Q: Stepparent adoption?

The biological mom of my 2 daughters lost them to state in 2015 never did anything to get them back my husband and I got the kids and at that time he recieved full custody also, with the bio mom receiving 1 hour supervised visits a week and 2 phone calls. Well she has always been a heavy addict... Read more »

Kristen Thurmond answered on Aug 12, 2019

This is something you'll need to consult with a local attorney about to see if judges in your area will modify the judgment. It sounds like you've already gotten everything you can from the court short. You would have to show some sort of detriment to the kids to get no contact between a parent and... Read more »

1 Answer | Asked in Small Claims for Missouri on

Q: I was recently fired from my job because of my medical issues. Should I take legal action against them?

I had a seizure at work, and I had to take a day off for recovery. I don't have solid answers what is wrong with me and when he asked, I told him I didn't know yet. All I know is that I have seizures, and I told him that when I was hired. After my seizure, I only took one day off so I could... Read more »

Tim Akpinar answered on Aug 12, 2019

You posted this in Small Claims; that's probably why it wasn't picked up in four weeks. Small claims is essentially about small disputes, often limited in scope in most jurisdictions. Try reposting in Employment Law and hopefully someone who could give you more meaningful input might have a better... Read more »

1 Answer | Asked in Family Law for Missouri on

Q: If a mother loses custody and a guardian is court appointed, can a blood relative ask the court for guardianship?

Kristen Thurmond answered on Aug 12, 2019

Yes. Family is preferred by law. If the child is the custody of Children's Division or a similar agency, they usually contact relatives first for appropriate placement. If it looks like mother cannot reunify or the father cannot step up, then guardianship or adoption by a relative is preferred.

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on

Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... Read more »

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1 Answer | Asked in Divorce for Missouri on

Q: What happens in Missouri if both parties dont show up to a divorce hearing?

Lydia Seifner answered on Aug 12, 2019

If neither party shows up, the case won't be heard. Depending on the judge and the jurisdiction, it will likely either be passed to another court date, or dismissed for a failure to prosecute. If you are purposely refusing to show up so you won't become divorced, you can always show up and let... Read more »

1 Answer | Asked in Child Support and Divorce for Missouri on

Q: Do all aspects of divorce settlement end when child turns 21?

My son turns 21 in a few weeks and will still be attending college in the fall. I am 100% responsible for health insurance and 60% responsible for college costs. The settlement says neither parent shall be responsible for college costs for more than 8 semesters but doesn't say I am responsible... Read more »

Lydia Seifner answered on Aug 12, 2019

When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.

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