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Monthly Archives: July 2011

Efficient Breach of Contract

Efficient Breach of contract is a controversial theory. In short, it holds that it is sometimes better and more economical to voluntarily breach an existing contract (eating the damages from the breach) for the purpose of entering into a newer, more efficient contract. It is predicated upon the fact that it would be more costly […]

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Breach of Lease

A breach of lease is essentially the same thing as a breach of contract. Because a lease is a type of contract, the legal analysis does not change too much, but there are sometimes special statutory laws applicable in interpreting a lease agreement. In general, a legally actionable breach of lease or contract occurs when […]

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Voluntary & Involuntary Manslaughter

As any good law student can tell you, to be convicted of a crime, the State needs to prove beyond a reasonable doubt that the defendant committed an actus reus (guilty act) with the requisite mens rea (guilty mind). In other words, the State needs to shows that the Defendant had a particular state of […]

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Nonprobate Transfers in Missouri

Not all property owned by a decedent at death is subject to Missouri’s probate laws. The Nonprobate Transfers Law of Missouri liberally grants individuals the ability to transfer property from one generation to the next without the interference of the probate court. The key question is: when is a transfer classified as a nonprobate transfer […]

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Posting Bail (Bond) After an Arrest

In a criminal case, soon after an arrest is effectuated against an accused, that individual will be subject to a decision of the Court as to whether the accused should be held on bond — and if so — the amount of the bond. Bail is simply the giving of property (i.e., money) to the […]

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Real Estate Contracts Offers & Contingencies

It’s important to remember that after combing through all of the home listing and finally settling on a home that you feel confident in, that the offer you place on the home vests in the seller of the home the power to accept the contract and thus creates a legally binding contract. A surprising amount […]

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Marital Home in a Divorce

Pursuant to Missouri Statutes, courts, if called up to divide property in a divorce, may consider a number of factors: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods […]

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Establishing a Lost or Destroyed Will in Probate

Ordinarily, a presumption of revocation arises when a testator had possession of a will and that, after the testator’s death, the will could not be found after a diligent search. This presumption, however, is rebuttable. If the heirs or beneficiaries of the will can prove that the missing will was properly executed, its contents, its […]

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Warrant Recall

A Warrant is a legal document authorizing that a government agent can carry out a certain action. The most common types of warrants are search warrants and arrest warrants. Both must usually be issued by a judge and will permit police officers to search a location or arrest an individual. The primary pre-requisite to the […]

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Refusal of Letters — When Probate is Not Required

A Probate Court is not obligated to grant a petition for Letters Testamentary or Letters of Administration (see my post on Letters Testamentary and Letters of Administration for the distinction). Pursuant to 473.090 RSMo the Probate Court may refuse the grant of letters on a number of grounds. The insufficient estate value basis is one […]

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