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Missouri Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Missouri on
Q: I have had a restraining order against my ex husband for the last 2 years, he keeps violating it

He just recently found out where we live and sent the police out here to do a health and welfare check on my daughter at midnight. I just want to protect myself and my daughter. Her last memories of him are from when he stole a car and wrecked it and left her locked inside of it. I need to find a... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on May 17, 2023

You cannot get a restraining order in MO for a child when there is a divorce decree with custody determinations in place because the divorce judgment has higher authority than an order of protection (what is referred to as a restraining order). You will need to register your divorce judgment in MO... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: I filed for and received a patent for a product I invented.

I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 8, 2023

If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.

If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that...
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1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
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answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... Read more »

1 Answer | Asked in Business Law for Missouri on
Q: Does a chamber of commerce have to follow Sunshine Law (posting meetings, etc) since receive monthly payments from city?

Do we have to follow Sunshine Law in respect to posting meeetings, request for documents (copy of meetings, etc) given that we receive monthly payments from our local city government and have received federal grant money in the past?

Matthew Morris
Matthew Morris
answered on May 2, 2023

The answer to this question will depend on looking closely at the facts of the chamber's relationship with the city. The receipt of some payments or grants, by itself, is not the issue. The question is the relationship between the chamber and the city.

Under Missouri law, the Sunshine...
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1 Answer | Asked in Criminal Law for Missouri on
Q: How much time will a person serve in prison in mo for a 7 sentence on a class D felony.

The charge was unlawful possession of a firearm. Had recently been put on probation and had a couple probation violations, then they sentenced them to seven years after staying 120 days in county?

Steve D. Hardin
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Steve D. Hardin
answered on May 2, 2023

The amount of time a person spends in prison is up to the parole board. There are factors that they consider such any mandatory minimums including those for prior remands to prison and for certain types of charges. His behavior in prison including any rules violations or if he takes classes will... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

Son, Zach who is still alive. Bill died in California, we live in missouri.

Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 30, 2023

First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html

Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants...
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1 Answer | Asked in Personal Injury, Health Care Law and Insurance Bad Faith for Missouri on
Q: I was never serviced for a lawsuit in 2013. Now 2023 discovering a default judgment against. What to do? READ DETAILS!

I was in jail/prison and allegedly a “family member” who was at my last known residence was served my summons. I had no clue of any of this information until 2023 upon a case net civil search. The debt is for medical bills/lien (improper lien) I may add as a result of a personal injury’... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

I suggest you hire an attorney who is experienced in filing motions for relief from void judgments. Because more than one year has passed since entry of the judgment, you are ineligible to file a motion to set aside a default judgment, which requires "good cause" and articulation of a... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Missouri on
Q: USCIS is offering the opportunity for submit requirements to make decision.

I am Carl, I have been filled !-130 for my wife Rei, who is Japanese living in Tokyo Japan, we were married in Clayton court Missouri in 2019. USCIS is offering the opportunity for submit requirements to make decision. If you are interesting in my case to help me to get it done with USCIS,

James L. Arrasmith
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answered on Apr 23, 2023

Hello Carl,

It's great to hear that USCIS is offering you the opportunity to submit additional requirements to make a decision on your I-130 petition for your wife Rei.

First, it is important to carefully review the request from USCIS and understand what additional...
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1 Answer | Asked in Traffic Tickets for Missouri on
Q: jefferson county , mo. is law enforcement officer required at first appeance traffic court or can case be dissmissed ?
Andrea Rogers
Andrea Rogers
answered on Apr 17, 2023

The police officer is not required to appear for a regular court date for a speeding ticket. If Defendant pleads not guilty and requests a trial, the prosecutor will have the police officer come to court to testify. If the officer doesn't show up for the first court appearance, the judge will... Read more »

1 Answer | Asked in Tax Law for Missouri on
Q: How can I qualify for the 475 election as a day trader? Thanks
Matthew J. Sherman
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answered on Apr 10, 2023

First, you must determine whether you can qualify as a trader for federal tax purposes. This determination is based on pertinent facts and circumstances. Special rules apply if you're a trader in securities, in the business of buying and selling securities for your own account. The law... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: I do digital painting for a hobby. I want to give full copyright to another individual. w/o paying lawyers.

The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Missouri on
Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 22, 2023

There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Missouri on
Q: How can I explain and resolve a mistaken false accusation I put on my spouse to the judge?

Me and my husband got into a fight one day and our children came to the area where it was going on and tried to break us up My husband shoved one of them out the way and made the others leave the area. I thought he had harmed the one he shoved and called the authorities on him so they could have... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

It is important to take responsibility for your mistake and try to rectify the situation. If you have already filed a false report against your husband, you should immediately contact the authorities and let them know that your initial report was mistaken and that your husband did not actually harm... Read more »

1 Answer | Asked in Consumer Law, Contracts and Banking for Missouri on
Q: I opened a brokerage account with TD Ameritrade and tried to withdrawal but was told I could not withdrawal my money????

I opened a brokerage account with TD Ameritrade and deposited $1,500 by way of check. They put a hold on the check for 7 days which the check cleared it was wrote from my grandmother. So today after I was told that it cleared I tried to make a withdrawal for $200 and was told I could not withdraw... Read more »

Jacob Rheaume
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answered on Mar 16, 2023

You're probably not out the $1,500. I would give them more time to conduct their investigation. If you haven't committed fraud, there's likely nothing to fear.

There are a lot of reason TD Ameritrade would put a hold on your funds; namely, you seem to be using a brokerage...
Read more »

2 Answers | Asked in Social Security and Public Benefits for Missouri on
Q: What do I need to do to get SSDI started , I have spent 16 years in prison and I'm having the hardest time on the outsid
James L. Arrasmith
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answered on Mar 10, 2023

To apply for Social Security Disability Insurance (SSDI), you can do one of the following:

Apply online: You can apply for SSDI online at the Social Security Administration (SSA) website. This is the fastest and most convenient way to apply.

Apply by phone: You can also apply for...
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2 Answers | Asked in Social Security and Public Benefits for Missouri on
Q: What do I need to do to get SSDI started , I have spent 16 years in prison and I'm having the hardest time on the outsid
Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 8, 2023

If you were approved for SSDI disability benefits and they were suspended because you were in prison, you can request that Social Security reinstate your benefits. You also need to provide Social Security a copy of your prison release documents. Eligibility for SSI terminates after you have been... Read more »

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1 Answer | Asked in Tax Law for Missouri on
Q: Can employers make changes to tax withholding without a W4 (i.e. verbal request)? Any legal risk for doing so?

I have been a payroll specialist for several years but just started working for a new employer. It has come to my attention that the previous payroll manager was making tax withholding changes based on phone conversations only, no W4 or any documentation whatsoever. I’ve never heard of this... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

Employers are generally required to follow the employee's W-4 form for tax withholding purposes. The IRS Publication 15-T provides guidance for employers on how to determine the amount of federal income tax to withhold from employee wages based on their W-4 form. Employers may make changes to... Read more »

1 Answer | Asked in Probate for Missouri on
Q: How does one obtain assets that were never retrieved and distributed to heir and newly discovered assets after probate?

Now I have come to one IRA Annuity claim in the amount close to $300,000 which is requiring the executor to be the one to obtain through this particular insurance company. Along with this, I know of another possible insurance claim and securities that may also require the same with the executor.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 3, 2023

Hire a competent MO attorney to reopen the Estate with you as administrator cta, the original executor, or even appoint another attorney to serve. Annuities rarely go to the Estate but usually to designated beneficiaries. MO probably does not have jurisdiction over the annuities, so hope that... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house in Missouri 2021. my foundation started bowing ,2 chimneys also. Never informed of severity in the

Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 28, 2023

Based on the limited information provided, you could possibly have an action for failing to disclose known defects against the sellers of the property. In such an action, you would have the burden of proving that the sellers knew of the defects in the foundation and knowingly failed to disclose... Read more »

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