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Missouri Questions & Answers
3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Sean Goodwin
Sean Goodwin
answered on May 8, 2024

Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Alan Harrison
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answered on May 8, 2024

It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.

Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: How to legally adopt a stepchild in the state of Missouri??

I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More

Kelisen  Binder
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Kelisen Binder
answered on May 2, 2024

You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

2 Answers | Asked in Bankruptcy for Missouri on
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.

We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?

James L. Arrasmith
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answered on May 1, 2024

In a Chapter 7 bankruptcy in Missouri, when you file individually but own property jointly with a non-filing spouse, the impact on your jointly owned property can vary. Since the home was purchased together shortly before marriage, it is considered part of the marital property. However, each case... View More

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.

We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 30, 2024

I work in PA, not Mizzou, although my daughter lives in St. Louis.

Both PA and MO authorize "tenancy by the entireties", e.g., a non-severable by one joint ownership, with right of survivorship.

In PA, you should be good if only one of you files for bankruptcy relief...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Sellers did not disclose any history of floods, drain issues in basement. We closed on the house, 9 days in and flood!

The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More

1 Answer | Asked in Bankruptcy for Missouri on
Q: I got a garnishment because of credit card debt from a card that defaulted 7 years.

I wasn't notified of judgement or a court date. Is there anything that can be done?

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear about your situation. When facing a wage garnishment due to a defaulted credit card debt, you have a few potential options:

1. Verify the garnishment's validity: Ensure that the creditor followed proper legal procedures and that the statute of limitations on the...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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1 Answer | Asked in Probate for Missouri on
Q: Removed from will in codicil but still in letters testamentary of administration. Will I get what is listed?

If I am removed from a will due to a codicil but I am mentioned in a application for letters testamentary, will I receive what is stated or will I have to fight the codicil?

Anthony M. Avery
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answered on Apr 19, 2024

If the Codicil is admitted to Probate, then it modifies the Probated Will. If you have interpreted it correctly, then you receive nothing. But Codicils have to be drafted and executed properly, so you may wish to contest the Codicil. Hire a MO attorney to look at the Probate file.

1 Answer | Asked in Estate Planning for Missouri on
Q: what rights does the co exec of a trust have if the executor of the trust is not sharing information?

mother recently passed and left home to 4 siblings and executor is not sharing any info on insurance

Osama Khalil
Osama Khalil
answered on Apr 17, 2024

If one co-executor of a trust isn't sharing information, the other co-executor still has rights to access that information. In this case, if the executor isn't sharing details about insurance on a home left to four siblings after their mother's passing, the other co-executor can... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My tenants living in my house say some kid threw a rock and the window is broken. Who should pay for damaged window?
James L. Arrasmith
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answered on Apr 16, 2024

In a typical landlord-tenant situation, the responsibility for paying for a broken window depends on several factors:

1. Lease agreement: Check your lease agreement to see if it specifies who is responsible for repairs due to damage caused by third parties.

2. Renters insurance: If...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
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1 Answer | Asked in Family Law for Missouri on
Q: if I am 17 and have no permission to move out and leave home. When the cops pick me up will i have to go home

My mom is mentally abusive and has told me if i leave she will call the cops and they will pick me up and put me in juvee My mom has made sure it is impossible for me to get emancipated.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry you're dealing with an abusive situation at home. That must be very difficult. Since you are under 18, legally you are still considered a minor and your parents have custody over you. If you leave home without permission, your mother could report you as a runaway and the police... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Education Law and Business Law for Missouri on
Q: Can a preschool director be charged with fraud for misusing scholarship funds intended for a low income student?

The director of a nonprofit preschool organization was given scholarship funds by a business sponsor intended for a low income student to pay their tuition. She, instead, kept these scholarships and used them for other purposes (the purposes she used them for have not been made known). She kept... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, a preschool director who misuses scholarship funds intended for a low-income student can potentially be charged with fraud in Missouri. This situation may constitute fraud because:

1. The director was entrusted with the scholarship funds for a specific purpose (to pay the tuition of a...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I was recently contacted by a police officer who stated that there was a accident at a store in my town and said that

Witnesses told him that it was me they seen leaving the accident, but I was not in the accident. I was actually signing my kids in school late that morning. At the time they say the accident occurred. They gave me three citations failure to register my motor vehicle failure to maintain insurance,... View More

Andrea Rogers
Andrea Rogers
answered on Apr 10, 2024

You can hire a traffic law attorney to represent you for your 3 tickets. You will need to provide proof of insurance, and proof that the damages have been paid for. Depending on which court this is being prosecuted in, how bad your driving record is, and much the damage to the victim's vehicle... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Missouri on
Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him... View More

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: If I have a will when I pass away, will my beneficiaries have to go to probate court?

Also, the difference between beneficiary and TOD?

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

In Missouri, having a will does not allow your heirs to avoid probate court. However, there are strategies to minimize the probate process or bypass it altogether for certain assets. Here are some considerations specific to Missouri:

Small Estate Affidavit: Missouri offers a simplified...
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