Missouri Litigation Legal Questions

I am a civil litigator, which means that my primary practice involves handling disputes.  Usually these disputes wind up in litigation, either in a lawsuit, or an arbitration.  This distinguishes me from attorneys who, for example, primarily handle estate planning, or real estate transactions, or securities filings.  If you have a dispute over your husband's estate, or you claim that the seller of the house you bought defrauded you, I would handle any ensuing lawsuit.  I do not handle matters where someone is being prosecuted for an alleged crime; that would be the work of a criminal attorney.... Read More

The bank is correct, you will need a court order.  Procedures differ in each state (your local clerk of the appropriate court can help you with those), but basically I believe that you will have to start a court proceeding to administer your father's estate, and seek to be named administratrix.  Assuming that you are named administratrix by the Court (theoretically, other close relatives, such as the widow, can oppose the appointment), you will be able to get the box opened.  You should be aware that this doesn't mean that you will be entitled to keep what is in the box; you will be allowed to open the box as a representative of the estate, and will have to distribute its contents according to the laws of intestacy (how an estate is distributed if there is no will).  Although I don't know the Mo laws of intestacy, I would be shocked if they did not entitle the widow to a share of your father's assets.  Also, you will have an obligation to use any assets found in the box to first pay off any estate creditors, such as the IRS.  Indeed, it is possible that the Court may order that an IRS representative be present when the box is opened. ... Read More

I am not familiar with the specifics of Missouri practice, but in the Courts in which I practice, appeal of the first order would be the wrong procedure; an appeal relies entirely on the record presented to the Court below.  As a general rule, you can't add new evidence.  However, there should be a procedure for you to make a motion for the first court to reconsider its order based on newly discovered evidence which was not available to you the first time around.... Read More

No. You cannot relinquish your rights to an inheritance that you might never receive. An inheritance only comes into being when the person leaving it dies. Since your mother is alive, there is no inheritance, at this point. If she is in a nursing home, there may never BE an inheritance, because it may all be used up paying for her care.... Read More

What rights are you attempting to relinquish? You have the right to relinquish your inheritance after your mother dies through a disclaimer of your inheritance rights. The disclaimer may result in the estate being distributed as if you had predeceased your mother. Who would take the assets of her estate if you do not? There are many reasons why someone would choose to disclaim their interest in an estate and we need some additional facts about your situation to determine if a disclaimer would be advantageous for you.... Read More

I think you are confused as to terms. A Power of Attorney only applies as to a person who is alive and mentally sound. The person nominated in the Will to take care of handling the estate is an executor and the court then appoints an administrator to handle the collection of assets and eventually distribution of the estate. The nephew can be appointed by the court to handle all the paperwork but there is no reason you should give up all your rights to inherit. If you did, the property/assets would go to the next living relatives. I think you just do not want to do the handling of the estate. There are some books written by Nolo Press that discuss estates and trusts in lay person's language.... Read More

You selected "Nebraska" as the State when you asked your Question. However, there is nothing in the information you provided to indicate that Nebraska is involved in your question in any way. I am not licensed to practice law in North Carolina and, as such, I cannot provide an answer to your question. I would suggest re-asking your Question and selecting "North Carolina" as the State rather than "Nebraska."... Read More

Generally speaking, a contractor who does work on your property is not your employee, and therefore you would not be liable for damage the contractor causes due to negligence. Contractors should normally be insured. I suggest consult an attorney and explain the details of your case. Being proactive and taking action before your neighbor sues you will likely save you time and headaches. ... Read More

I recommend you do as small claims cases are heard "de novo" when appealed. This means the previous ruling has no bearing on the appeals courts ruling. They take a fresh look at the case. Particulary the other party has an attorney, you would be at a disadvantage without skilled representation. -John Schleiffarth  Tel: (314) 561-9690 ... Read More