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Monthly Archives: December 2011

Restitution, Unjust Enrichment, Breach of Contract

Unlike a Breach of Contract case — which, as you can surely guess, requires the existence of an enforceable contract — a restitution/unjust enrichment claim does not require a contract. Unjust enrichment occurs legally when one person/entity is unfairly enriched at the expense of another, thereby creating an obligation to compensate the other for the […]

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Saint Louis, Missouri DWI/DUI Attorney/Lawyer

A charge of DWI or DUI is serious in Missouri. Because of Missouri’s implied consent law, there are severe consequences that could result in the suspension of your driver’s license. Criminally, however, the consequences of a DWI escalate with subsequent DWI convictions/charges. Specifically, a second DWI offense is a Class A Misdemeanor; and a third […]

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Child Custody Relocation of a Child by a Parent/Legal Guardian

Under Missouri law, once a child custody order is in place by a Missouri Court, that Court has jurisdiction over the child for purposes of determining custody. As such, you are usually “locked in” to that County’s Court for some time. Accordingly, special procedures need to be followed if one parent wants to move a […]

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Merry Christmas!

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Probate Attorney Help in Saint Louis, Missouri

Probate courts are set-up primarily to address property owned by someone when they die. It is designed to be an orderly system whereby property and inheritance are distributed to heirs while simultaneously winding-up the financial affairs of the decedent. Though probate courts specialize (in a sense) in estate administration, the process is cumbersome and can […]

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Saint Louis, Missouri Attorney/Lawyer

Contact us for a free consultation with respect to the following practice areas: Business Law Attorney Traffic Attorney Estate Planning Attorney Probate Attorney Criminal Law Attorney Family Law Attorney Civil Litigation Attorney Constitutional Law Attorney Personal Injury Attorney Commercial/Corporate Attorney

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Missouri Liability for Breach of Trust

Trusts — testamentary, revocable, and irrevocable — all impose fiduciary duties upon a trustee (See: Fiduciary Duties of a Trustee). Whenever a trustee breach his/her fiduciary duty (self-dealing, improper investment, fraud, etc), the beneficiary of the trust has a few separate options. (1) The beneficiary can ratify (i.e., consent) to the transaction, thereby waiving the […]

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Missouri: Tax Considerations in Forming a Business

Business-owners usually don’t spend much time thinking about the legal and tax consequences inherent in their choice of a business entity. Instead, the business owner is understandably worried about carrying on his/her business to earn a profit or accomplish his/her charitable objectives. Nevertheless, in spite of this legitimate concern, it is important to understand the […]

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Missouri Trust & Will Litigation, Contests, Modifications

When a friend or family member passes away, something will need to be done about his/her property and estate if no legal  arrangements were in place. What makes this difficult is that this is often the last thing on your mind. Unfortunately, in administering an estate, will, or trust, sometimes disputes or illegalities will arise […]

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Qualified Domestic Relations Order: Support and Maintenance

In divorces in Missouri, a Court is empowered to make an equitable division of property if the parties cannot come to an agreement. Things such as savings accounts and brokerage accounts are easy to divide. On the other hand, things like a home, retirement accounts, IRAs, and other types of pensions are not easy to […]

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