Missouri Recent Legal Answers from Lawyers

You have the right to rescind a contract if the other party materially breaches it, as it appears the contractor did.  However, although I don't know specifically about Missouri small claims courts, most small claims courts don't have the power to grant equitable (nonmnetary) relief, such as rescinding a contract and compelling the contractor to provide you with a lien waiver.  You would probably have to sue in a court of general jurisdiction.... Read More

I'm sorry for your loss.  Adopted children are treated the same as biological children under the probate law, if that is your question.  If someone dies without a Will, the law of intestacy for the state where that person lived applies.  If your mother did not leave a husband/domestic partner, then her probate assets should be divided among her living children as well as the children of any deceased children.  Probate assets are those that were in your mother's name alone with no named beneficiaries.  Life insurance, for example, is not a probate asset usually because there is a designated beneficiary who is to receive the policy payout after the insured person died. It sounds like your mother had a joint checking account with your sister.  This also is not a probate asset as joint accounts are considered to be owned by both people, no matter whose money is was originally.  Upon your mother's death, the account became your sister's automatically.  If you are concerned about getting your share of your mother's personal property since your sister has the key, I recommend sending her a written request to visit your mother's home again or even requesting certain items.  As you both are dealing with your mother's death, it may be helpful to put aside judgments and criticisms in favor of understanding that grief affects all of us in different ways and that your relationship may be more important than this temporary situation of dividing your mother's things.   ... Read More

The best option is to find an attorney that is interested in the organization's mission, and ask if he or she is willing to prepare the application without charge or at a reduced fee. Depending upon the organization and its mission, it might not be able to obtain c(3) status, but another status for being exempt from federal income taxes. The ultimate status granted also may impact whether donations are tax deductible to the donor. An attorney will likely question why there was no insurance on the property. ... Read More

Unless you have a contract which limits your employer's right to fire you, or you are being discriminated against in violation of some statute (e.g. based on your race, religion, gender, etc.) you can be fired at any time with or without cause.  There may have been an issue about  her authority to fire you when the husband didn't want you fired, but it appears that he has now acquiesced in your termination. ... Read More

I assume a warrant has also been issued, in addition to putting a hold on your license. I suggest that you hire an experienced traffic law attorney to represent you. Your attorney can get your warrant lifted and take care of your old ticket. If you have an attorney representing you, you won't have to appear in court, turn yourself in to police, or pay the bond.... Read More

It depends on the circumstances, but there seems to be a fair argument that if two names are on a receipt for personal property and one dies that the other is now the owner.  You would need to deal with the person appointed by the probate court to administer the estate.  If that person is agreeable, you could move the shed.  If not, you would need to petition the court and make the argument of why it belongs to you and should be moved.  Good luck.... Read More

At $10 per hour and a total charge of $15,000, this means they spent 1,500 hours cleaning. I doubt this as this would be 500 hours each for the surviving children. They are trying to rip you off. The title company may have to interplead the funds into court to get this resolved. If you hire an attorney, it would be in the city where the house is located, not an attorney from your state.... Read More

Yes, if you plead guilty to shoplifting, you will have a conviction for stealing on your permanent criminal record, and that will prevent you from getting a job, renting an apartment, and getting federal student loans for college. Hopefully, because you are 15, your case will be prosecuted in juvenile court where they will probably just put you on probation. However, if your case is prosecuted in "regular" court, you will need to hire an attorney to represent you if you want to avoid ending up with a conviction for stealing.... Read More

Yes, you definitely need to get an attorney for the current meth charge and for the probation revocation hearing for the previous charge that you are on probation for. The arrest for me this a violation of your probation, so there will be a probation revocation hearing for that charge. The judge could revoke your probation and sentence you for the original offense.... Read More

The law does not give extra time for a dependent to leave the country upon the dissolution of a marriage. Perhaps advance planning such as requesting a change of status to B-2 visitor to obtain the additional time that you require to leave the country would be in order. In addition, although U.S.C.I.S. does not provide an additional period of time automatically, most U. S. consuls and embassies are not apt to penalize an individual applying for a new U. S. visa if the person leaves the U. S. within a fairly short amount of time after the status is over. 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 More

It is not the DOR's responsibility to notify you that your license was revoked. You will need to call the DOR and ask why it was revoked and what you need to do to get it reinstated. If you have outstanding traffic tickets or unpaid child support, you will need to take care of that before you can get your license reinstated.... Read More