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Missouri Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Landlord - Tenant for Missouri on
Q: Can a disabled senior citizen be evicted because the home failed inspection on section 8?

I am in a home that has failed inspection every year for the same thing. Now they want me out so they can fix it and re-rent it. There is NO foundation under the house. I have lived here since 5/28/20. I have tried to find a place to live but can not due to the $$ for fees. I live on a very SMALL... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Missouri, landlords are obligated to provide safe and habitable housing. If a property repeatedly fails Section 8 inspections, it's an indication that the housing may not be safe or suitable for habitation. A tenant's eviction due to the landlord's failure to maintain the property... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Missouri on
Q: My mother died intestate. Can Medicade Recovery override an Affidavit of Heirship?

We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More

Lloyd  Nolan
Lloyd Nolan
answered on Nov 3, 2022

The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary... View More

1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang
answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

1 Answer | Asked in Elder Law for Missouri on
Q: My 90 yr old mother wants to sell her home and give the money to her 3 children.

She lives with me and I was wondering if we would have to pay the money back if I have to place her in a nursing home?

Sharon M. Siegel
Sharon M. Siegel
answered on Jun 9, 2020

It depends on several factors. For example, did the children contribute to the upkeep of the house, other gifts she has made and is she competent, just to name a few. There are more beneficial ways of doing this transaction which will satisfy her goals. You should consult an attorney.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... View More

David S. Schleiffarth
David S. Schleiffarth
answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... View More

1 Answer | Asked in Elder Law for Missouri on
Q: Spouse is Guardian & commits adultry in state of MO & spouse is incapacitated what can be done

My sister's husband was granted guardianship & conservatorship his name isn't on her home but he has moved his ex in my sister's home. We would like to know how to advocate for my sister who is incapacitated

Lydia Seifner
Lydia Seifner
answered on May 9, 2018

You could apply to become a substitute guardian, talk to an attorney in the county where your sister's guardianship is filed.

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Missouri on
Q: What can the family do to protect a family member who is mentally incapacitated (due to stroke) living with another

family member who is also mentally unstable?

Kristi Burmeister
Kristi Burmeister
answered on Jan 27, 2018

Sorry to hear you are dealing with this. You could petition the Court for a guardian or a conservator to step in and make sure your family member is being cared for properly. If your family member is in immediate danger of some sorts, obviously call the police. Getting a guardian or conservator... View More

1 Answer | Asked in Estate Planning and Elder Law for Missouri on
Q: Can POA sell property

The property that is been sold was left to me in a will the other property goes to her what happen what happen to the bal of the money from the sell if he dies will that come to me or her

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 28, 2017

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... View More

2 Answers | Asked in Elder Law for Missouri on
Q: should I contact the company's owner if the front line management won't address abuse in a nursing home
Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

That's an option. Talking to an elder law or nursing home abuse lawyer about your rights and potential avenues of action is another option.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT...
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