Missouri Recent Legal Answers from Lawyers

Ms. Johnson, It is important that you keep the laptop, any documents related to the purchase of the laptop and any other items related to the laptop. It is critical that you take care of your daughter's medical needs and photograph what happened to her and to the laptop. You also should consult with an attorney as soon as possible. It would be better to have the advice and help of an attorney before you call the manufacturer.  The manufacturer may want to take your statement. An attorney can help you avoid problems when you give you statement. It is not unusual for a manufacturer or their insurance company to ask questions in a way that is designed to harm your claim. Defective product cases can be very complicated. You should contact an attorney as soon as you can.... Read More

Spend down to the $2000 limit during the month in which the money is received.  If your mother does not have an irrevocable prepaid funeral plan, she should buy one:  Medicaid rules specifically state that Medicaid can recover from her estate before the funeral is paid for.  There are likely things she can buy and services she can contract for to spend most of the rest.  If not, she can deposit funds in a 529 college fund for a child or grandchild and contribute to a special needs trust for someone on disability.  If she is receiving the funds this month, she can have a big Mother's Day celebration. ... Read More

So a United States citizen can sponsor a foreign national for a fiancée visa, but they need to physically meet that person within two years from the date that they apply for the visa. Once the visa is issued, she can travel to the United States, and must marry the US citizen within 90 days of arrival. After that she can adjust status to get her green card. This is the most common route that most couples take in order to gain lawful status for the foreign national. She could also file to get a visitors visa at the US consulate in Peru, but those are hard to get unless she can claim that she has a very good job, and she owns real estate that would motivate her to return to her country.  ... Read More

While you can do this in your Will (not your Living Will, which is an advance directive for health care when you are in extremis), it is often better to have a separate document, a Declaration of Guardian for Our Minor Children, signed by you and your husband.  You can easily change this as circumstances change without paying for a new Will or Codicil (Will amendment).  People who are great with little ones may not be equipped to handle teenagers.... Read More

You may do anything you want with Hershey's chocolate that you have purchased.  You may not, howeve, use Hershey's trademarks in marketing your product.  So, you can certainly melt Hershey's chocolate, pour the melted chocolate into molds to create molded articles of manufacture and offer the articles for sale.  In general, you may not use Hershey's name or their other distinctive marks in offering your product to customers.   If you have more specific intellectual property questions for which answers are important to your business, I recommend you hire an intellectual property law attorney in your area for an hour or two of consultation.  If your business depends on it, the money will be well spent.... Read More

That sounds like a very frustrating situation.  Generally speaking, you could probably sue the contractor in your county rather than his county, but there are facts that could change the answer. For example, some contracts require that suit be filed in a particular county. Your question doesn't state whether you have a written contract with the contractor or, if you do, whether the contract limits where a lawsuit can be filed.  It is also not clear whether your contract defines when the work must be completed. The proper county for filing suit can vary depending upon the claims in the lawsuit and other facts that are not included in your question.  Finally, there may be reasons that you would want to file suit in the contractor's county. Some counties may be better suited for your lawsuit than others. The best course of action is to find a local lawyer who can advise you about your specific situation. Your lawyer can advise you where you can file suit and also where you should file suit.  Best regards.... Read More

Both parents are a child's natural guardian without any court action.  Both parents (not one parent alone) can sign a Temporary Power of Attorney for Our Minor Child, revocable at Will, allowing another adult to take their child to the doctor, enroll him in school, etc.  The fact that the father is in prison and not active in the child's life does not negate the need for his signature.  Only court termination of parental rights, voluntary or involuntary, would do this.... Read More

Any stimulus check issued after he died must be returned to the IRS. A Power Attorney expires with the person granting it. If you need to access your father's account to pay his bills and settle his estate, distributing the rest to the beneficiaries under his Will or, if he had no Will, to his heirs at law under the laws of your state, you will need to open a probate proceeding.  Talk with a local probate lawyer.... Read More

In most states Medicaid can only recover from the probate estate, the estate which passes under the Will or, if there is no Will, through a court heirship proceeding.  While a few states have expanded this to allow recovery from non-probate assets, such as a POD account, Missouri does not appear to be among them. ... Read More

Anyone can sue anyone, the question is if they have a good claim.  Here, depending on what exactly your contract provides,  it appears that the venue does have a good claim.  With the exception of some statutory rights to cancel some kinds of contracts before a short period of time has expired (usually 3 days), or if the contract itself allows for cancellation under certain contingencies, you don't have a right to cancel a contract.  You are obligated to perform your contracts, and if you don't you are liable for the damages that your breach causes the other party.  For example, some contracts to buy real property have a mortgage contingency clause which allows you to cancel the contract if you're not approved for a mortgage, but absent such a clause you are liable to buy the house, mortgage or not.  If you move out of an apartment 3 months before the lease is up, you're still responsible to pay the last 3 months rent.  If the venue is able to book another event for the time yours was scheduled, the amount  you owe may be reduced by the amount the venue receives, and if it gets as much from the new booker as it would have from you, you may not have to pay any damages, but if not you could be liable for the full amount of your contract, minus any expenses the venue saves by the cancellation.  You should probably consult a Missouri attorney.... Read More

The person who inherits the home would take it subject to the mortgage.  If the lender choose to rely on that person's credit, he may pay off or refinance the mortgage.  If not, the home will be foreclosed on to pay off the mortgage.  Be sure to specify whether you want any proceeds which may be realized after the sale to pass to that person.... Read More

You can always choose to sue someone if you have a valid cause of action and can show damages. As far as criminal charges, you should take whatever information and evidence you have of the crime, a file a report with your local law enforcement agency. This can include the local police department, the county sheriff, or the local FBI field office. They will decide if there is sufficient information to investigate further and/or seek prosecution.... Read More