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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

Anthony M. Avery
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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

Anthony M. Avery
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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do I need a patent for my land or just a deed
James L. Arrasmith
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answered on Jan 12, 2024

In real estate transactions, a deed is the essential document you need to prove ownership of land. A deed is a legal document that transfers property from one party to another and is recorded with the local government, usually at the county level. This recording provides public notice of your... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a life estate with 2 remainderman be purchased by 1 remaindermen (1/2 to other) if tenant no longer lives there?

Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.

Anthony M. Avery
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answered on Jan 10, 2024

Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition... View More

1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is text message a valid eviction notice in Missouri without a lease?

My wife is the property owner, and her tenants are her son and his family. There is no written lease agreement. My wife has been sending them text messages regarding eviction due to unpaid rent, as they have not adhered to their verbal agreement to pay rent. However, they have not responded to her... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Missouri, eviction notices typically need to be in writing and delivered in a manner that is legally recognized, such as via certified mail or posting a notice on the property. A text message is generally not considered a valid formal eviction notice. While texting may serve as informal... View More

1 Answer | Asked in Collections, Landlord - Tenant, Public Benefits and Real Estate Law for Missouri on
Q: Can fees be raised without notice in a debt collection lawsuit for eviction?

I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Missouri, if you are involved in a debt collection lawsuit for eviction, the amount owed should generally be clear and documented. If you paid the specified fees, but later the balance increased without receiving proper notice or documentation, that could be a violation of your rights. The law... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: How can I access and verify case citations without Westlaw or Fastcase?

I am a pro se litigant involved in a quiet title suit. I filed a motion to prevent the use of an adverse possession defense and for relief from the statute of limitations. An attorney mentioned he found my cited cases in Westlaw or Fastcase, but I don't have access to those. I've checked... View More

James L. Arrasmith
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answered on Apr 12, 2025

You can verify case citations without Westlaw or Fastcase by using free online legal resources. A good starting point is Google Scholar, which provides access to a wide range of case law from various courts. You can search for case names, legal topics, or citations to find the full text of the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: How to file an unlawful detainer in Missouri?

As a landlord in Missouri, I gave my tenant a 30-day eviction notice due to non-payment of rent for five months. The tenant has not paid and told me to take her to court. How can I obtain and file an unlawful detainer form to proceed with eviction? Also, what should I expect during this process?

James L. Arrasmith
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answered on Apr 12, 2025

To start the eviction process in Missouri, you'll need to file an unlawful detainer action in the appropriate circuit court. This form is typically available at the local courthouse or on the court's website. You will need to fill out the form with details about the property, the tenant,... View More

Q: Can a court rule on a civil rights lawsuit without addressing forma purpuis?

I filed a civil rights lawsuit under the Fair Housing Act against the Springfield Housing Authority after experiencing a sewage flood in my basement while on Section 8. Although the city compensated for my lost items, my Section 8 was terminated allegedly for whistleblowing. None of the defendants... View More

James L. Arrasmith
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answered on Apr 7, 2025

In your case, the court will likely need to address the forma pauperis (FP) motion before moving forward with your lawsuit. Forma pauperis is a legal process that allows individuals who cannot afford court fees to proceed with their case without having to pay those fees. When the court orders you... View More

2 Answers | Asked in Bankruptcy, Real Estate Law and Contracts for Missouri on
Q: Using paycheck funds to buy a vehicle before Chapter 7 bankruptcy in Missouri.

I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.

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2 Answers | Asked in Landlord - Tenant, Family Law and Real Estate Law for Missouri on
Q: Can my unemployed partner be evicted if not on the lease in MO?

I am the leaseholder, and my unemployed partner, who is not listed on the lease, has been living with me and receives his mail at this address because he has nowhere else to go. He has not contributed to rent or expenses for the past 4-5 months. We have a child together, and the landlord is aware... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2025

Yes. The landlord may give proper notice then sue for unlawful detainer.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: How to protect investment in a rent-to-own agreement facing possession complaint?

I am currently in the fourth year of a rent-to-own agreement. In the past three years, my landlord allowed me to make late payments, and I always paid in full eventually. I have invested approximately $30,000 in this property. With only eight months left in the agreement, I found paperwork for a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2025

Hire an attorney who has experience defending rent and possession cases. There’s generally no easy way out unless you can tender the full rent due plus costs. Rent purchase agreements generally go badly for tenants who have trouble honoring the agreements strictly.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Affaviate of heirship, my brother is decease for 11 years and now my mother passes away and my great grandfather. left

so my brother has a wife and two kids. what to do if wife wants no part of her inheirance

Anthony M. Avery
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answered on Jan 21, 2025

Mother can quit claim deed her interest to her children or others if she wants.

1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for Missouri on
Q: Hi, my name is Olivia. I recently inherited raw land in Hayti, Missouri. I am seeking answers on a few questions.

I have some details if needed.

Land is about .5 of an acre. A house was on land over 35 years ago.

My questions are the following: Are there any restrictions when trying to build on land? I am interested in building a trailer park to rent land for trailers and/or trailer rental. Is... View More

Anthony M. Avery
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answered on Nov 21, 2024

Hire a MO attorney to search the title and advise on zoning and code permits.

2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I took my name off of my parents payed off house and put in my two daughters name and one has to file bankruptcy

My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.

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answered on Nov 4, 2024

That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: What can I do about a lien release that never got filed 30 years ago,I paid it off ,but he never filed it.
Anthony M. Avery
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answered on Oct 31, 2024

Hire a MO attorney to file a Quiet Title action to declare the lien either released or unenforceable. Record a certified copy of the Order to clear title of record.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need help with condemning my home I live in St Louis county

I was redoing our bathroom in our home St Louis county came in it took my boyfriend for assault charge and when returned home that nite there was a condemned sticker on it, I don't understand why now they are telling me I have to have a license electrician ,plumber I have no written list of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 19, 2024

Sounds terrible.

You’ll need to contact a lawyer directly. Lawyers cannot solicit through this platform not provide referrals.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I recently went through the process of selling my house. The agreement was for the buyer to assume my loan/debt.

I just found out they did not go through the process of assuming the loan with my lender. They just want to pay the payments and have no intention of transferring the loan out of my name. Do I have any legal recourse?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

You can sue the buyer for breach of contract or specific performance.

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