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Missouri Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Social Security for Missouri on
Q: My mother is receiving inheritance from her father after he passed away, but she is on SSI in Missouri

We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?

James L. Arrasmith
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answered on Jan 30, 2024

It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.

One option to protect her SSI eligibility is...
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Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Family Law and Juvenile Law for Missouri on
Q: (Details for everything) Can a 17yro, move out without being emancipated or employed legally?

background: Im 19 and my girlfriend is 17, we’ve been together since she was 15 and i was 17 and as soon as i turned 18 her dad died. her family life is rough and she wants to move in with me but her mom wont emancipate her or even let her get a job. (shes over controlling over what she does and... View More

James L. Arrasmith
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answered on Jan 30, 2024

No, generally a 17-year-old cannot legally move out without parental consent unless they are emancipated. Some things to consider:

• In most states, a 17-year-old is still legally considered a minor, meaning parents/guardians are still legally responsible for care and residency decisions....
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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

T. Augustus Claus
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answered on Jan 30, 2024

As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play... View More

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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

James L. Arrasmith
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answered on Jan 30, 2024

In situations where a person was owed court-ordered restitution and passes away before receiving it, the right to collect the restitution typically passes to their estate. As the only living child and with a notarized last will and testament, you likely have a claim to this restitution as part of... View More

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1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: I am dissolving my LLC in MO and have not done any business in years. Do I have to file the notice of winding up?

This LLC has just the owner and no other members/employees. Has not done any business in several years and just need it dissolved.

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 29, 2024

You are required to file a notice of winding up and publish a notice with two papers advising of this fact. The purpose of doing so is to protect you from any claims not pursued within the required timeframe. If you do not do this, then you may expose yourself to a claim being pursued at some... View More

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Missouri on
Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

James L. Arrasmith
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answered on Jan 26, 2024

Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers...
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1 Answer | Asked in Employment Law for Missouri on
Q: As a contract employee of ALKU, I worked for their client Vanderbilt. ALKU Contract ended Dec 29th. Interested in full

time in house job with Vanderbilt. Does this clause in my former ALKU contract prevent my employment with Vanderbilt for the next 12 months.

Agreement Not to Solicit Clients. Employee agrees that during the

term of his employment by the Company and for a period of 12 months... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 24, 2024

The short answer is yes, but to get an accurate answer, you will need to hire an attorney familiar with non-competes to provide a detailed analysis of not only the provision language but the entire agreement, as well as the underlying facts of the work and employment. For a non-compete to be... View More

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Where do I find a joint petition to remove conservatorship now that my husband is no longer disabled

My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship

James L. Arrasmith
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answered on Jan 21, 2024

Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:

1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship....
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1 Answer | Asked in Tax Law and Contracts for Missouri on
Q: If I get a 1099 c for a vacation club for which I never received any goods or services from do I actually have to pay

I never made any payments and tried to cancel 48 hours after signing. Have fought with them repeatedly

James L. Arrasmith
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answered on Jan 18, 2024

Receiving a 1099-C form generally indicates that a debt you owed was canceled or forgiven, and the IRS considers this canceled debt as taxable income. However, if you believe that the vacation club's claim is not valid, especially since you didn't receive any goods or services, it's... View More

2 Answers | Asked in Traffic Tickets for Missouri on
Q: speeding citation

I was pulled over while slowing down from a 45 mph zone to a 40 mph zone. As I was progressively slowing a cop picked up my speed on radar. Upon reviewing my ticket, my name is spelled wrong and my vehicle information is incorrect. On top of that the officer was extremely rude and didn’t even... View More

T. Augustus Claus
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answered on Jan 18, 2024

If you've received a speeding citation in Missouri and there are errors in your name and vehicle information on the ticket, you may have grounds to contest the citation. Minor errors such as misspelled names or incorrect vehicle details can sometimes lead to the dismissal of the ticket.... View More

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2 Answers | Asked in Traffic Tickets for Missouri on
Q: speeding citation

I was pulled over while slowing down from a 45 mph zone to a 40 mph zone. As I was progressively slowing a cop picked up my speed on radar. Upon reviewing my ticket, my name is spelled wrong and my vehicle information is incorrect. On top of that the officer was extremely rude and didn’t even... View More

Andrea Rogers
Andrea Rogers
answered on Jan 18, 2024

Any error on the face of the ticket can be corrected by the police officer or the prosecutor at any time, up to and including the trial date.

If absolutely everything on the ticket is wrong, that might be grounds for challenging the ticket, but I don't believe what you describe would...
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2 Answers | Asked in Consumer Law and Health Care Law for Missouri on
Q: My groceries showed up from DoorDash with blood on them. As well as blood on my porch. not refund me. Have pics
James L. Arrasmith
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answered on Jan 18, 2024

In a situation where your grocery delivery arrives with blood on it, the first step is to document the issue thoroughly. Take clear photographs of the groceries and your porch as evidence. This documentation will be crucial in any subsequent actions you take.

Next, contact DoorDash customer...
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1 Answer | Asked in Civil Rights and Consumer Law for Missouri on
Q: Hi, I have experienced discrimination at my bank.

I am calling regularly to check on my account balances, and one person that answers occasionally at this bank is very rude and unprofessional, and It is very personal and discriminating I feel because of my Latino name. I called today and spoke with the manager about it.

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you are being discriminated against by an employee at your bank because of your Latino name, this is a serious concern. Discrimination in the provision of services, including banking services, on the basis of race, ethnicity, or national origin, is prohibited under federal law... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for Missouri on
Q: can a job not hire a person based off a tattoo when their company polices dont say anything about tattoo
James L. Arrasmith
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answered on Jan 15, 2024

In the United States, companies generally have the discretion to set their own dress code and appearance policies, which can include restrictions on visible tattoos. However, if a company does not have a specific policy regarding tattoos, making a hiring decision solely based on a person's... View More

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1 Answer | Asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri on
Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More

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answered on Jan 15, 2024

If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns...
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1 Answer | Asked in Libel & Slander for Missouri on
Q: Can I sue my previous employer for defamation of character, harassment, and bullying?

My former employer has posted on Facebook that I’ve stolen money from them with no evidence, no proof, no charges filed, and no police investigation of any type. They posted on Facebook and asked the members of the community to come forward if I have done any work in their vehicles and have them... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 14, 2024

You should schedule a consultation with a Missouri attorney. Defamation cases are tough in Missouri. To succeed, you’d need to prove that the statement was not only false and not privileged, but also that you suffered actual damage as a result. The unpaid wages is a separate issue. $40k is a... View More

1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Missouri on
Q: Sue for a scam/ fraud?s

Sue for a scam/ fraud?

Hello, I had a question august 23rd/24th 2018 I sent money using cash with Western union and I was wondering if I could still sue the scammer cause i know all the deatails they do not live in the same state unfourtnalty but he does live in the US.

James L. Arrasmith
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answered on Jan 13, 2024

In cases involving scams or fraud, the possibility of legal action depends on several factors, including the statute of limitations, which varies by state and the type of fraud committed. Considering the incident occurred in August 2018, you should promptly check the specific statute of limitations... View More

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