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Monthly Archives: March 2012

Suspended Execution of Sentence (“SES”) in Missouri

A suspended execution of sentence (“SES”) is essentially a conviction under Missouri Law — which often shows up on most background checks. With a SES, the defendant first pleads guilty to the underlying offense. This guilty plea is basically an admission of criminal conduct. The guilty plea, however, must be made knowingly and voluntarily. It […]

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Business Partnerships in Missouri

Under Missouri Law, a general partnership, unlike a limited liability or corporation, does not necessarily require that the owner(s) file an organization or incorporation document with the Secretary of State. Rather, Missouri law will recognize the existence of a general partnership when 1) two or more people 2) carry on a business as co-owners with […]

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Parenting Plan: Missouri Child Custody and Support

Parenting Plans are required in Missouri in cases of divorce, legal separation, etc. The Parenting Plan is, as you might expect, comprehensive. Courts will enter a weekly physical custody schedule, which even includes details regarding custody arrangements during holidays. Education choices, health care decisions, and extra-curricular decisions also need to be addresses. Are these decisions […]

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Personal Guarantees — Breach and Enforcement

A personal guarantee is a legal document which often accompanies a contract or loan instrument which ensures that the creditor (i.e., the person making the loan or on the other side of the contract) can personally collect money from the debtor in case of breach or default. Creditors insist on personal guarantees because it provides […]

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Estate Litigation

Trustees manage trust estates and personal representatives (known as administrators/executors in some states) manage probate estates. Trust estates are primarily administered consistent with the terms of an underlying trust, while probate estates are administered consistent with the Missouri Probate Code. While the specifics of administration can vary, one crucial characteristic which is common to both […]

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Traffic Citations/Tickets Missouri

In Missouri, you have a few separate options in dealing with traffic tickets. First, you could show up on the court date at the court listed on the ticket and plead not guilty to the traffic offense. The court will then usually set a hearing date a few weeks out and you’ll have the opportunity […]

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Missouri Small Estate Administration — Probate

There are in fact instances when probate is not a complete pain. Under Missouri law, if a decedent’s estate is worth (1) less than forty-thousand dollars ($40,000), (2) formal Letters Testamentary or Letters of Administration (or other Letters) are pending or are refused, (3) the personal representative submits an affidavit taking on personal responsibility for […]

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Real Estate Defects & Seller’s Disclosure Statement

In any contract for the sale of a good there has to be a full and complete disclosure of the character and nature of the good being sold. This is especially problematic with real estate transactions — both residential and commercial — given how many things need to disclosed about property. In Missouri, a seller […]

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Breach of Contract or Promissory Note

Contracts and promissory notes are similar in that they impose legally binding obligations, but they are interpreted and formed in very different ways. A promissory note is a promise to pay a fixed amount of money at a set time. Rather than a present exchange of consideration (which contracts require), the promissory note is often […]

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Tortious Interference with a Valid Business Expectancy

To make a submissible case for tortious interference, one must plead (and ultimately prove) a (1) valid existing contract or business expectancy; that (2) the defendant had knowledge of the existing contract or business expectancy; (3) a business impairment and/or breach of contract is induced or caused by the defendant’s intentional interference; (4) there is […]

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