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Monthly Archives: September 2011

Corporate/Business Attorney: Free Consultations

Corporate/business/commercial law is a broad area of practice. It includes such things as entity selection (Limited Liability Companies, Partnerships, Professional Corporations, Corporations) and the creation of documents to aid in business governance and operation (Articles of Organization, Operating Agreements, Subscription Agreements, Buy/Sell Agreements). Furthermore, as is often the case for business owners, a business entity […]

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Escrow Agreements & Contracts for Deed

In real estate law and litigation, I find two of the more commonly misunderstood principles are Escrow Agreements and Contracts for Deed. While the latter is somewhat rare, the former is something you should have an understanding of before entering into a real estate contract (even though Deeds of Trust are so common in Missouri). […]

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Asset Protection Trusts: Estate Planning & Creditors

Asset protection is a crucial component of estate planning. Most assume that asset protection is for the extremely wealth. However, most individuals and families can benefit from some form of asset protection planning. It is just the case that more at risk individuals will likely need more sophisticated plans. The Missouri Uniform Trust Code was […]

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How long does Probate take in Missouri?

Any property owned by a decedent upon and after his/her death is generally subject to probate. The simplest ways to avoid probate is to create beneficiary designations or contractual assignments to all of your property. Though it is a bit of a “blunt instrument” that can cause undesirable consequences, it has the effect of changing […]

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Trust Administration & Help

It is often the case that revocable living trusts and irrevocableĀ  trusts (particularly when they are of great cash value) are managed by trust companies or corporate entities. However, it is sometimes the case that a private individual or individuals will serve as trustee. On the one hand, this can be a preferable arrangement because […]

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Real Estate & Property Disputes

Real estate disputes can be extremely aggravating and quite costly. One of the more common problems which arise from a real estate transaction — in both commercial and residential sales — is a failure to disclose material defects of the property by the seller. As I detailed previously (See: Real Estate Contracts: Seller’s Disclosure Statement), […]

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Miranda Rights: Criminal Law

You have the right to remain silent… We all know what comes next because we’ve heard it countless times. Legally, the police have to read you these Miranda Rights/Warnings before conducting a custodial interrogation. First and foremost, the word “Miranda” is not a technical word of ancient origin. It is simply the name of the […]

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Contract Disputes

Whether you realize it or not, contracts play a crucial role in our day-to-day lives. Purchasing a TV from a department store forms a contractual relationship. Filling up at the gas station forms a contractual relationship. Things do not always have to be formally reduced to writing to create a legally binding contract, like with […]

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Civil & Criminal Conspiracy

Conspiracy is a term used most frequently in the context of criminal law. Criminal conspiracy is a so-called inchoate offense, or a crime of seeking/preparing to commit another crime. In almost all jurisdictions, criminal conspiracy consists of an (1) agreement to commit a crime by (2) two or more persons and (3) an over act […]

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Partial Probate Distributions

Title to a decedent’s property transfers immediately to the heirs upon death — subject to the administration of the decedent’s estate. The personal representative, by the grant of letters testamentary or letters of administration, is authorized to take possession and control of all property owned by the decedent and distribute it accordingly. The #1 question […]

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