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Monthly Archives: February 2011

“Buy/Sell” Agreements

A buy/sell agreement is a must for businesses with multiple owners. Think of a buy/sell agreement as an internal contract between members, shareholders or owners of a business that spells out what happens to the shares of a departing business owner. They are designed to address and mitigate the business problems that arise when one […]

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Possible Change in Missouri Child Support Law

Currently, Section 452.340, RSMo, is the primary statutory authority in Missouri for child support. It touches on the size, scope, nature and duration of child support payments, and how it is are handled and calculated in conjunction with a decree of divorce or legal separation. The Missouri Legislature is discussing making a small tweak in […]

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Free Speech Under The First Amendment

The Freedom of Speech is one of the bedrock principles of our Country. It comes up all the time in news stories, every day conversation and is thrown about by the media constantly. But, from a purely legal standpoint, I find that few people really understand the parameters of Free Speech under the First Amendment. […]

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Revocable Living Trusts

What follows is an overview of revocable living trusts in Missouri from the Missouri Bar. Please note that “trust” can mean many different things in the law. So, the below only pertains to “revocable living trusts.” It touches on things I have mentioned in previous posts, while also adding some new information. Enjoy. —– A […]

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Termination of Parental Rights

There are certain situations when the State of Missouri, usually through the Department of Family Services, can terminate an individual’s parental rights. Before discussion, though, it is important to note that the U.S. Supreme Court has noted that a component of the 14th Amendment’s Due Process Clause is that a parent has the fundamental, constitutional […]

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Uninsured Motorist Insurance

Most States (if not all) require drivers to have car insurance. It is made a condition of driving in a given State. However, State legislators are not foolish. They know that a good amount of people drive without car insurance. So, legislators had to ask themselves what protections exist for a driver who is hit […]

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DWI: The Breathalyzer

It’s like clockwork. Most times I meet a non-attorney inevitably the first question they ask is what areas of law I practice. When I state that I do handle some criminal matters, the next question is whether it’s a good idea to take or refuse a breathalyzer. Obviously, the best defense against DWI is not […]

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Beneficiary Deeds

Previously, I posted an article pertaining to the operation of beneficiary deeds. This post should clear up any ambiguities and aims to discuss a few things more specifically. With deeds conveying real estate, there generally needs to be some sort of delivery of the deed to be effective. However, with a beneficiary deed, no delivery […]

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Life Insurance Trusts

Life insurance policies have three basic parties. First, there is the “insured,” whose life is insured by the policy. Second, there is the “owner”, who has the right to liquidate the policy, designate a beneficiary and exercise any contractual rights. Third, there is the “beneficiary,” who receives the policy’s proceeds upon the insured’s death. There […]

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Missouri Workers’ Compensation Terminology

One of the more maddening aspects of workers’ compensation law in Missouri is the constant acronyms and terminology that is used. The Missouri Workers’ Compensation statutes, 287.020-287.430, RSMo, are littered with terms of art and phrases that are often confusing. Consequently, it is vital if you are an individual seeking compensation for injuries suffered at […]

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