Missouri Recent Legal Answers from Lawyers

Hello, It appears you already  filed a small claims lawsuit for breach of contract on a purchase of a vehicle. But you do not say how much is owed.  Small Claims courts limit the amount in dispute to $5,000.00 .  And you  waive any claim for any sum in excess of  $5,000.00 in your current small claims  lawsuit and also in any subsequent  legal proceeding involving the same parties and issues. Here is the Missouri law that decides how much you can recover in Small Claims court:  Mo. Ann. Stat. § 482.315.   Since  you are seeking  the possession of specific personal property, the return of a vehicle, you really need to consult an attorney for advice for  filing an action for return of personal property,  which is called a replevin. This type of lawsuit is filed in another type of court.  Otherwise, if you do not explore all your legal options beyond Small Claims court you may be losing valuable legal rights. This answer should should not constitute and be considered legal advise but general legal information and should also not constitute an agreement to enter into an attorney/client relationship.   ... Read Answer

Change the credit card, reporting the fraud to the company and to the Missouri Attorney General's Consumer Affaird Division.  If you son and his girlfriend will not leave when asked, change the locks when they are out, file a suit for eviction in small claims/jp court and hire the sheriff to evict them.  Report the exploitation to Adult Protective Services.... Read Answer

If the deed was from your uncle to you, the property is yours.  Make sure that the deed is recorded with the county clerk. When someone dies without a Will, their property passes according to the state's inheritance laws.  Your uncle's children would inherit, not you. You may have a claim agains the estate for the services which you provided but only if there was a signed agreement specifying the services and the rate of pay.  ... Read Answer

When you say you hold possession of title, do you mean that you hold title, or do you just mean that you have possession of your late brother's title documents?  If your brother owned the motorcycle at the time of his death, i.e. had not given or sold it, the current owner is whoever the property passed to under his will.  If he left no will, then it is the person (or persons) to whom the proeprty  passes under the intestacy laws of the state where your brother resided.  Normally, in intestacy, siblings come after surviving spouses, childran, and parents. If you are the proper owner of the motorcycle and the other party won't let you have it, you will have to sue in court to obtain it.  If there has not yet been a proceeding to either probate your brother's will, or, if no will, a proceeding to administer his estate, you will likely have to start one.... Read Answer

Neither will in itself enable you to carry your grandson on your health insurance. Whether he needs a guardian or can grant a medical and a durable (financial) power of attorney turns on his legal capacity.  Some people diagnosed with autism are high functioning and can grant a medical and even a durable power of attorney.  Some require a guardian. Different states require different medical evidence.  You may want to consult a special needs attorney who handles guardianships.  To find one near you, please see the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).    ... Read Answer

While your description is unclear and it is not clear how it relates to your question, one possible aspect can be addressed.  In most states your mother can write a letter to the court requesting that her rights be restored and does not need a lawyer to do so.  If this is not a question of restoration of rights but of transfer of guardianship, more information is needed, such as whether you were the former guardian.... Read Answer

Ask the probate attorney to file a motion with the court substituting you in as the estate's personal representative.  Deposit the check in the estate's account.  After all the bills are paid, distribute the rest according to your mother's Will or, if there is no Will, the state's laws of inheritance.... Read Answer

Hire a local probate lawyer to help you file an Affidavit of Small Estate (which in some states is called by a different name).  When the judge signs the Order approving it, take the Order and Affidavit to the bank, open an account, deposit the check.  You may need to call around.  Some banks will not honor the judge's Order Approving Affidavit of Small Estate.... Read Answer

A power of attorney has no legal effect when the person granting it has died.  This is because the agent under a power of attorney cannot take directions of, act of behalf of a report to a dead person. When someone dies without a Will, that person's property passes to his heirs under the state's laws of heirship, whether by court declaration or by an affidavit of heirship filed in the deed records.  This last will not be enforced by a court until it has been of record with no one complaining that they were omitted. Check the records of the local probate court and check the county deed records to see whether your sister had any apparent authority to sell the house.  Then hire a local probate lawyer to recover your interest in your father's estate.... Read Answer

Generallly Missouri exempts garnishment of Social Security. That is  section 513.430(10)(A) of the revised statutes of Missouri. And there are also Missouri cases  where courts that found funds in a savings account were exempt from garnishment as the account was made up of Social Security funds.  You so not say if you have been sued. Or if a judgment has been entered against you for this debt. Either way, I would recommend you consult with an attorney to get specific advise about your situation, which I am unable to provide. Also, an attorney could help in negotiating a resolution of this matter. And also advise you if you have any defenses to this debt. So you  do not loose any valuble rights, I would recommend you do this right away.  ... Read Answer

It is highly doubtful that you will have the green card reinstated given the circumstances that you have described. An adjudicator may point out the same thing that you did in your fact situation that you could have applied for an SB-1 visa to return to the US as a permanent resident. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

That depends on whether the POA required them to act together or allowed them to act separately.  Whatever the document may say, there is no such thing as an "irrevocable" POA.  The person who granted it can always revoke it as, in this instance, he or she appears to have done with regard to one agent.... Read Answer

The short answer is that it is "normal" for insurance companies to offer insufficient settlements to unrepresented persons. Your description leads me to believe that you are being pushed into an inadequate settlement, as is unfotunately "normal" in today's world. Please remember that once you accept a settlement you will never receive any additional money from the at-fault person's insurance company. I will briefly elaborate on the apparent issues that arise from your situation. If State Farm is offering that much for a settlement in negotiations without an attorney, there is likely a significantly higher recovery available. Insurance companies are notorious for pushing settlements that seem reasonable or generous to an unrepresented party while, in my experience as well as that of most any attorney I know, assistance of counsel will lead to a significantly increased settlement. Certain insurance companies have a reputation for this type of conduct and for taking unreasonable positions in negotiations.  You should be "made whole" for all the injuries and damages you suffered. It sounds like the settlement offered would not even be half of the economic (financial) damages you suffered. Unless there are facts in play which I am unaware of, I would view the offer you describe as grossly inadequate in a scenario where a client of mine found himself/herself in your situation.  There are a few crucial questions to better inform my analysis. What is the extent of your injuries? It stands to reason that there are/were substantial injuries since over $5,000 for pain and suffering is on the table. Are you still receiving treatment? Remember that you will not receive any additional money if you accept a settlement. This is often an issue when an unwitting peron settles a claim before the full extent of the injuries is known.  Also, when you say that your medical bills are $15,000--does this refer to the amount billied (before insurance) or the amount you are being asked to pay (after insurance)? This is an important distinction and, depending on state law, may have a significant effect on the recovery you are entitled to. Keep in mind that one valuable aspect of legal representation is to not only handle negotiation with the automobile insurance companies, but also to deal with any medical insurance and billing issues that arise.  I recommend you discuss with your wife the status of her claim. That may be instructive of how you should proceed. I am happy to discuss this with you further, should you wish. If not, I wish you best of luck in dealing with this situation and a swift recovery for you and your wife.  Best, Joseph... Read Answer