Missouri Recent Legal Answers from Lawyers

Often you can get a county to relinquish unused or maintained land like this simply by asking and buying it for a small fee.  There is a legal mechanism called "adverse possession" that allows you to take property that has been been possessed for a period of time against the orriginal owner in a manner that is "open, notorious, and hostile". In Missouri, you must do this for a period of ten or more years to qualify. However, depending on the state and jurisdiction this may be difficult, if not impossible, to claim against any governmental entity. I would therefore attempt to procure the land in the direct way of contacting the current owner (presumably the county) of the land and attempting to purchase it.  When purchasing land from a governmental entity they will always attempt to sell the land at "market value". The benefit a lawyer can bring to a transaction like this is to argue down the market value cost. E.G. an acre of land in your county may go for an average of, say, $2000 where you live, and the state may claim that their are of roadway should be valued at that, or higher, due to improvements. A lawyer would be able to go in and argue that is unreasonable due to the abandoned condition of the roadway, innaccessibility, unfitness for any other use, or a myriad of other reasons. Prior to engaging a lawyer, you should do a cost benefit analysis. If the plot of land you're looking to acquire is worth less than what you will likely spend on an attorney then there is no sense in hiring one. The goal is to spend less on the lawyer than you will benefit in savings. ... Read More

It sounds to me like you have a claim against him. If he has not done the work as specified by the contract he is actually in breach. What did he claim was the source of your breach? Is it because you are looking for someone else to finish the work he was unable to complete? Inability to complete the work is not an adequate defense for breach of contract. If he is either unable or refusing to complete it, you are well within your rights to find someone else to do so. In fact, you could argue that you have a duty to mitigate any damages rather than letting them accrue prior to filing an action against him. I would definitely consider contacting a lawyer to either demand specific performance (term of art meaning "make him do what he said he'd do") or return of your money, goods, and any damages caused by his delay. ... Read More

Every apartment is bound to an "implied warranty of habitability". This means that the apartment must be clear of defects severe enough as to make inhabitation of the space dangerous or impossible. A leak in the cabinets could cause mold which is dangerous to your health. The Landlord is responsible for making these repairs in a timely fashion or providing you with a suitable substitute. Since you have already spoken to the Landlord and they have agreed to let you move I would suggest talking to them again and setting up a date for that move. Due to the fact that your Lease is up at the end of the month they may ask you to sign a new lease.  In the event that you stick it out to the end of the lease and then find a new apartment you may want to consider asking for a refund of your last months rent as you were living in an uninhabitable space. I doubt that you will be able to make any headway on this without engaging a lawyer, but it's worth a shot. If you would like to take action on it then you likely will be best served by making a claim in small claims court. There you can represent yourself without a lawyer and will have minimal filing fees. You should list your damages as being the rent for any months that you were affected by the situation, any repair, medical, or other costs related to the damage. If you are being forced out due to the damage, you can also include the cost of searching for a new place to live. ... Read More

It sounds like you need to hire a lawyer. If the building was not public then the search of your vehicle was likely justified by using trespass as their probable cause. Seizure of the vehicle and property was likely related to the burglary and stealing charges. Without knowing more it is hard for me to give a definitive answer. Right now the courts are very backed up due to COVID, so it's not surprising that they haven't passed the charges on to a prosecutor yet. It will make its way there though.  In the mean time, you need to find an hire a lawyer so that you can challenge any search and seizure they conducted as well as get hold of the incident reports to determine what other defenses you may have. Many attorney's will do this for a flat fee. If you can't afford an attorney you should definitely look into getting a public defender as soon as possible. They are very overworked, but they are all good attorneys. Best of luck to you. ... Read More

An invention is the concept of a new, useful and non-obvious article of manufacture, apparatus (machine or system), composition of matter, or process.  An invention is ready for patenting when it has been "reduced to practice". There are two ways to reduce an invention to practice. The first is "actual reduction to practice", which occurs when a working prototype has been made and can be used for the purpose for which the invention is intended. The second way to reduce an invention to practice is "constructive reduction to practice."  This occurs when an inventor has worked out enough details conceptually so that they can describe in detail, to a person of ordinary skill in the art to which the invention pertains, how to make and use the invention. If your invention is ready for patenting, I advise you to consult with a registered patent practitioner (either a patent attorney or a patent agent).  Only registered patent practitioners may represent clients in patent matters before the U.S. Patent Office.  A registration to practice patent law is a nationwide license, so you do not need to be limited to consulting with attorneys in your jurisdiction.  Many of us offer an initial consultaiton at no charge.  You can check around online for a registered practitioner offering such consultations, or you can  check with the Patent Office at https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/finding-patent-practitioner. Anthony Claiborne Registered Patent Attorney 425-533-6132... Read More

An agent under a Durable Power of Attorney cannot legally alter the disposition of assets to be made from a person's estate as shown in a Will or trust.  If changing the deed would do this, you may want to contact Adult Protective Services and an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)     ... Read More

Your state may have a small estate affidavit procedure which would cost less than $2,000.  If not, the checks may go to unclaimed property in four or six years.  Her sister and brother can then claim them.  The process requires a lot of documentation and takes a lot of time but it does not involve lawyers and courts.... Read More

If the VA planning was done properly and not by some rip off artist (many selling such trusts and annuities are), your mother should not be ineligible for Medicaid.  You might want to show the actual documents to an elder lawyer and discuss her situation.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Yes it may affect your case. The new regulations require that the intending immigrant demonstrate financial self sufficiency. If you are her sponsor and are bankrupt then the case would be negatively impacted. You may enlist a joint sponsor but under the new rules that will not rescue the case. Consider working with an attorney to represent you from start to finish. Some of us charge a very affordable flat fee. Good luck.... Read More

First of all, absent some wrongdoing by either the landlord or you which you haven't mentioned, your former roommate is obligated under the lease, regardless of the subsequent text.  To the extend that you  you've paid more than your share, and based on the facts as you've recited them, you should be able to recover it from your former roommate by virtue of the lease.  Her separate subsequent agreement to pay is only icing on the cake.... Read More

Under the circumstances that you describe, your brother's family will not be allowed to immigrate to the US on the basis of the I-130 for your deceased brother. That is because the relationship is between you and your brother, and the family members are only dependents. I do not know of any exception where the beneficiary's family is overseas. Perhaps his wife could be sponsored under an employment visa if she has skills that are needed in the States. 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

We can send along an expedite form to see if we can move it along.  Are you on the transplant list?  It comes down to the severity of your disease.  If serious in nature, they may speed up the process.    Attorney Scott F. Bocchio Legal Rights Advocates   ... Read More

Many people forget that while we pay into Medicare and Social Security with every paycheck, none of us pays into Medicaid.  Medicaid is a loan from our fellow taxpayers.  Naturally, people from Maine to Hawaii, while willing to give you a loan to pay for your care, are not terribly interested in opening their wallets so that your son can have an inheritance.  We need to think of our legacies not just in financial terms but in terms both of what we havve already done for our children by raising them and in terms of the emotional and spiritual legacies we leave.... Read More

If the date of the Will which people have found is recent, or more recent than when your friend told you he put you in his Will, it governs and it does not matter what the earlier Will said.  Since you are a friend, not a spouse, it is unlikely that you can go through his personal possessions or ask the court to order his safety box opened to see whether he mentioned you in a will dated after the date of the will which is being presented for probate.... Read More