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Monthly Archives: April 2011

Fleeing the Scene of an Accident

Missouri treats fleeing the scene of a car accident pretty harshly. As with DWI law in Missouri, fleeing the scene of an accident has both criminal and civil aspects. Criminally, leaving the scene can result in either a misdemeanor or a felony. The default is to treat the crime as a Class A Misdemeanor, which […]

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Medical Bills

In a personal injury case, one of the most common issues that confuses a client is how the medical bills are handled. I have written previously about this in another post: Health Provider Liens and Subrogation. For our purposes here, the two big takeaways are that there is a statutory limit in Missouri on how […]

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Probate Assets: Discovery

In a Missouri probate proceeding, one of the personal representative’s main jobs is to account for a decedent’s property. Unfortunately, it is sometimes the case, as a client told me recently, that before an estate can be administered in probate a family member will literally ransack the decedent’s home and take property. Fortunately, however, there […]

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Traffic and License Points

I’d say driver’s license points is one of the things I’m asked most often about. In 2009, the legislature enacted a new statute which perfectly spells out how the Department of Revenue and Motor Vehicles is to assess points. RSMo 302.302 proves in pertinent part: (1) Any moving violation of a state law or county […]

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Pour-over Will

What’s a “pour-over” Will? It’s a question I’m asked every so often when explaining an estate plan. The short answer answer is that when a Will has a “pour-over” provision it is designed to act as a safety net for a trust. I’ll elaborate. Pour-over wills are a necessary instrument in a trust-centered estate plan. […]

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Probate Property

When is property considered probate or non-probate? Well, as I’ve said in the past properly funded Revocable Living Trusts, and certain other types of trusts, bypass probate in Missouri (unless their validity is challenged). Moreover, co-titling of property — payable on death arrangements, joint tenancies — have the effect of passing to the other named […]

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Missouri Probate: Costs and Process

Probate gets a bad rap. Most of the disgust with the Probate system in Missouri stems from the fact that those involved in probate are rarely involved with the legal system and don’t know what to expect. Moreover, it is often the case that a loved one has passed away, so emotions are obviously in […]

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Exemptions from Securities Registration

Under federal law, a “security” is defined liberally in 15 U.S.C. 77b(a)(1) as: any note, stock, treasury stock, security future, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest […]

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Non-Compete Agreements

Non-compete provisions in employment contracts are becoming more and more commonplace. And as their use increases, so too does the litigation about their validity. In my estimation, there are three overriding policy interests present in the litigation over non-compete agreements. First, there is the interest in protecting an employer from having employees jump ship and […]

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Privacy and the Internet

The Internet is an infant in the eyes of the law. And given its explosive growth and expansion, the law — both at the federal and state level — has had difficulties enshrining concrete legal rules to control such a large forum of activity. Even for myself, I know that I am sometimes uncertain when […]

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