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1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My Missouri Landlord has not returned my security deposit or provided me an itemized list of charges. What do I do?

What is my next course of action?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 8, 2021

You may sue.

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit defined. — 1. A landlord may not demand or receive...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am a disabled tenant in Missouri and the owner is selling the property. How many days notice should I receive?

Since I am disabled, should my notice to vacate be longer than 30 days?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 8, 2021

If you are on a month to month tenancy then you are entitled to 30 days’ notice unless the lease provides otherwise.

Your disability is not legally relevant, however.

I hope you find a new place that works for you.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I won a large amount of money 10+ years ago in a cilvil suit. The other side settled out of court.

just as we were at the court house and set to pick a jury. I NEVER GOT PAID.... My attorney 1st said, i had to wait for the appeals to all run out. Then he said the money just disappered. My Attorney is in the top 3 of the top 10 list of ethical Attorneys in the nation. He handles Billion dollar... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 8, 2021

How in the world can there be a meaningful list of the most ethical attorneys in the nation? If your attorney failed to pay you then first contact the attorney and second you can file a bar complaint.

Why didn’t you take action 9 or 10 years ago? I suspect that there is more to the situation.

2 Answers | Asked in Probate for Missouri on
Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no estate....no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 7, 2021

You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent... Read more »

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1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to not give you your time cards?
Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, this is an issue that is usually governed by state law. Are you having a minimum wage or overtime issue? I would reach out to an employment law attorney in your state to see what can be done.

1 Answer | Asked in Employment Law for Missouri on
Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.

I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is a 10 day due diligence required in Missouri when purchasing real estate?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2021

There is no such general requirement under Missouri law.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Missouri on
Q: I lease a Walkabout Properties home. No stair rails installed on deck. Lost balance on stairs and fell. May I sue them?

This event happened Fri., June 4, 2021, at 5 p.m. I suffered a concussion with a large subdural hematoma. No fractures, but the fall injured my back, sacral area, neck and shoulders. A level 3, or mid to severe concussion, can take time months to heal. I have a continual headache, including... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

I'm sorry for your accident and the injuries you suffered. This is really something that a Missouri attorney should advise on, but your post remains open for four weeks. If you reached out to attorneys in the Springfield area, most would probably offer free initial consults on such matters.... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: I was going 103 mph and the speed limit was 60 mph & my court date is in September. What penalty could I possibly face?
Keya Reed
Keya Reed answered on Jul 22, 2021

You could receive jail time and/or a fine. In this situation, you may want to hire a lawyer to at least negotiate no jail time.

1 Answer | Asked in Employment Discrimination for Missouri on
Q: can a company tell me to cease applying to their company?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2021

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 17, 2021

Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
Q: Chp 13 trustee paying child health insurance but not child support to custodial parent. Debtor's court ordered to pay

MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.

David Reese Fondren
David Reese Fondren answered on Jul 15, 2021

You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... Read more »

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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 Traffic Tickets for Missouri on
Q: trooper made an error reporting my plates on sp. ticket. Will this cause dismissal?
Andrea Rogers
Andrea Rogers answered on Jul 9, 2021

No. Minor errors on the ticket are not sufficient to justify a dismissal. The police officer or prosecutor can correct any errors at any time.

1 Answer | Asked in Employment Law for Missouri on
Q: i’m 17 and by missouri law after being terminated they have 7 days to pay me and they refused to and called the cops

they refused and called the cops to trespass me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

What's your legal question?

Here's the relevant unpaid-wages statute. Contact an attorney if the amount owed is sufficient.

290.110. Payment due discharged employee — exceptions — penalty for delay. — Whenever any person, firm or corporation doing business in this...
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1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Is there a lawyer i can get to look at at a contract to see if its fair. For free are will I be charge.

It a Operating Agreement want to make sure my son is making the right desion

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.

1 Answer | Asked in Contracts for Missouri on
Q: I co signed for a vehicle for my brother. I do not have access to it and have no idea where he is. What can I do

He’s on parole and I’m afraid to provoke him

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

That’s a bad situation. Unfortunately, you are still liable for the payments. There’s no magic way for someone to determine the vehicle’s location.

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