The Free Exercise Clause of the First Amendment states in pertinent part that “Congress shall make no law[…] prohibiting the free exercise [of religion].” Courts have made clear that a claimant’s right to religious free exercise is only protected when the claimant has a sincerely held religious belief and the government’s action is a substantial…
Debts at Probate
In a probate proceeding in Missouri, one of the chief responsibilities of a personal representative is to handle the debts of the decedent. Generally, in order of priority, the expenses of the decedent’s last illness and funeral, any other debts to creditors, and tax elections (estate taxes, generation-skipping tax, and all other transfer taxes —…
Course and Scope of Employment
When an employee is working in the “course and scope of employment,” many things legally are in play. For one, under agency principles like repondeat superior, an employee’s actions that result in a legally cognizable harm and are in furtherance of the employer’s objectives, will often result in both the employer and employee being held…
Fleeing the Scene of an Accident
Missouri treats fleeing the scene of a car accident pretty harshly. As with DWI law in Missouri, fleeing the scene of an accident has both criminal and civil aspects. Criminally, leaving the scene can result in either a misdemeanor or a felony. The default is to treat the crime as a Class A Misdemeanor, which…
Medical Bills
In a personal injury case, one of the most common issues that confuses a client is how the medical bills are handled. I have written previously about this in another post: Health Provider Liens and Subrogation. For our purposes here, the two big takeaways are that there is a statutory limit in Missouri on how…
Probate Assets: Discovery
In a Missouri probate proceeding, one of the personal representative’s main jobs is to account for a decedent’s property. Unfortunately, it is sometimes the case, as a client told me recently, that before an estate can be administered in probate a family member will literally ransack the decedent’s home and take property. Fortunately, however, there…
Traffic and License Points
I’d say driver’s license points is one of the things I’m asked most often about. In 2009, the legislature enacted a new statute which perfectly spells out how the Department of Revenue and Motor Vehicles is to assess points. RSMo 302.302 proves in pertinent part: (1) Any moving violation of a state law or county…
Pour-over Will
What’s a “pour-over” Will? It’s a question I’m asked every so often when explaining an estate plan. The short answer answer is that when a Will has a “pour-over” provision it is designed to act as a safety net for a trust. I’ll elaborate. Pour-over wills are a necessary instrument in a trust-centered estate plan….
Probate Property
When is property considered probate or non-probate? Well, as I’ve said in the past properly funded Revocable Living Trusts, and certain other types of trusts, bypass probate in Missouri (unless their validity is challenged). Moreover, co-titling of property — payable on death arrangements, joint tenancies — have the effect of passing to the other named…
Missouri Probate: Costs and Process
Probate gets a bad rap. Most of the disgust with the Probate system in Missouri stems from the fact that those involved in probate are rarely involved with the legal system and don’t know what to expect. Moreover, it is often the case that a loved one has passed away, so emotions are obviously in…