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Monthly Archives: June 2012

Conservatorship in Missouri

Broadly speaking, Missouri statutes define both a guardian and a conservator as one appointed by a court to have the care and custody of the estate of a minor or a disabled person. Any number of persons or entities may be qualified to serve as a guardian or conservator, including private individuals, charitable organizations, and […]

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Wills Do Not Avoid Probate

One of the more common misconceptions people have regarding the probate process is that if you have a will probate is unnecessary; somehow, per this common belief, the surviving heirs will locate the will and be obligated to follow the directives articulated therein without court intervention. Nothing could be further than the truth. Missouri Revised […]

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Valid Business Expectancies for Tortious Interference

Tortious interference with business expectancy consists of the (1) existence of a valid business expectancy; (2) knowledge of the expectancy by the party being sued; (3) intentional interference which induced breach of the expectancy; (4) absence of justification; and (5) damages. The existence of a valid business expectancy is usually one of the more tricky […]

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Temporary Guardianship

Guardianship refers to the legal authority of one individual to make decisions on behalf of another individual. Guardianship is appropriate when there is a minor child who does not have parents or existing legal guardians or when an adult becomes legally incapacitated. If a Court believes that a guardianship order is appropriate, such order does […]

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Small Claims Court

There are three types of State level trial courts in Missouri: small claims courts, associate circuit courts, and circuit courts. Small claims courts deal with cases involving up to $5,000; associate circuit cases involve cases where the amount in controversy is $5,000-$25,000; circuit court cases involve disputes where the amount sought is in excess of […]

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Collection Cases: Defense and Prosecution

Collection cases are one of the most frequent types of cases you’ll see in court — particularly in the associate circuit court dockets. The typical collection case involves a creditor, who claims to directly or indirectly be owed a debt, filing suit against the debtor for money which is allegedly past due. The typical claims […]

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Analysis of Possible “Compromise” Supreme Court Decision on Healthcare

The constitutionality of the Patient Protection and Affordable Care Act (“Act”) will have enormous legal and political consequences. Several news outlets are projecting that the decision could be announced by the Supreme Court between June 11 and June 28. What are the possible legal decisions the Supreme Court can reach? (1) Do nothing and find […]

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Saint Louis Divorce Attorney

The divorce process in Missouri can be quite exhausting, emotionally and legally. From a purely legal perspective, a detailed division and separation of the assets must take place. This includes debts — not just bank accounts, real estate, brokerage accounts, cars, etc. This asset distribution is made more complicated when assets like 401(k)s, IRAs, and […]

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Defense of Civil Damages; Criminal Defense

Being served with a lawsuit by a sheriff at home or at work is a jarring experience, particularly when the front pages warns that if you do not take action within thirty days or so judgment by default may be taken against you for the damages and/or request for relief articulated in the lawsuit. With […]

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Consumer Debt Defense, Credit Card Defense, Debt Collection

Very often if you have an excessive or past due bill from any sort of creditor — credit cards, utility companies, etc. — you will receive notices in the mail from some company you have never heard of demanding payment for the unpaid debts. You usually receive these notices from a separate company because debt […]

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