Missouri Real Estate Law Questions & Answers

Q: Home owners assotiations and fines! Fined for dog getting lose and my 14yr old driving to dump the trash with an adult.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for Missouri on
Answered on Feb 19, 2017

Ask under what section they are fining you as you don't see it in your agreement. If that doesn't resolve it take it to a lawyer who handles HOA disputes.
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Q: Was a beneficiary to a will made in 2007 in Missouri , never notified, really convoluted story with lots of greed ,

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Answered on Feb 16, 2017

Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of the Trust? Or executor of the estate? If either Trustee or Executor, he or she owed a fiduciary duty to the devisees under the will and/or the beneficiaries of the Trust. Were you a beneficiary under...
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Q: What is the difference between Tenants in Common, Joint Tenants, and Tenants by the Entirety?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Jan 11, 2017

The simple answer is these are all interests in real property. Tenants by the Entirety is only ownership by a husband and wife. This interest is an undivided interest in real estate. Creditors of one spouse can't generally attach or take the property.

Joint Tenants is an undivided interest in real estate in which upon death of one tenant the surviving tenant(s) get the deceased tenant's interest.

Tenants in Common is an undivided interest in real estate. Upon death, the...
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Q: what is a property abstract

1 Answer | Asked in Real Estate Law for Missouri on
Answered on May 17, 2014

A property abstract is a document that summarizes the history of a particular property. Among other things, it shows the names of all of the owners, the date they took title and who they acquired title from.

Q: If a sale falls through because the home inspection shows major issues does the seller have to update the disclosure?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Nov 12, 2013

Yes. If they fail to do so, their buyer can sue them for fraud.

Q: A neighbor has built a fence on our property; what shall we do?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Feb 2, 2013

Legally, you could file a lawsuit seeking a Court Order requiring that the fence be removed from your property. Practically speaking. a lawsuit doesn't make for good neighbors. How big is the encroachment onto your property? Some people in your shoes don't really care about the encroachment, but they want to make sure it's established that it's still your property.You should talk to a real estate attorney in your area about the possibility of preparing an easement agreement between you and your...

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