202410.13
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The Need for Judicial Experience in Missouri: Why Judges Should Have Years of Legal Practice Before Taking the Bench

The role of a judge is one of immense responsibility and impact. Judges are entrusted with interpreting laws, resolving disputes, and upholding justice in a fair and impartial manner. Their decisions can shape legal precedents, influence societal norms, and significantly affect the lives of individuals. Given the complexity and gravity of these tasks, the necessity…

202410.07
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Understanding Garnishments in Missouri: A Legal Overview

Garnishment is a legal process where a creditor can collect a debt by seizing a portion of the debtor’s wages, bank accounts, or other assets. In Missouri, garnishment is governed by both state and federal law, with the Missouri Revised Statutes outlining specific procedures, limitations, and exemptions. This article provides a detailed look at how…

202409.28
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Chapter 7 Bankruptcy in Missouri: A Comprehensive Overview

Introduction Chapter 7 bankruptcy, commonly referred to as “liquidation” bankruptcy, provides relief to individuals who are overwhelmed by unsecured debt and lack the means to repay it. This legal remedy allows qualifying debtors in Missouri to discharge most, if not all, of their unsecured debts and start fresh financially. While Chapter 7 can be a…

202408.29
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Lawyer Trust: The Cornerstone of Legal Practice

In the legal profession, trust is not just a virtue—it’s a foundational principle that governs the relationship between lawyers and their clients, courts, and the broader community. This trust is enshrined in the ethical rules and regulations that govern legal practice and is essential for the effective administration of justice. This article explores the importance…

202408.19
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Choosing a Fiduciary, Attorney-in-Fact, or Agent: A Guide to Ensuring Proper Management of Your Financial Affairs

When it comes to managing your financial assets or making critical decisions on your behalf, selecting a fiduciary is one of the most significant decisions you can make. A fiduciary is an individual or institution legally obligated to act in your best interest, putting your needs above their own. This role can involve managing investments,…

202408.15
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Understanding Missouri Probate Administration: A Comprehensive Guide

Probate administration in the State of Missouri is a legal process that occurs after someone passes away, involving the validation and execution of their Last Will & Testament, or, in cases where no will exists, the distribution of their assets according to state law. Yes, you read that correctly, a will does not avoid probate,…

202407.24
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Legal Considerations in Missouri Will Signings: Ensuring Validity and Mitigating Disputes

In Missouri, if you die without a Last Will & Testament (will), your assets will be distributed according to state “intestacy” laws. In summary, those laws give your property to your closest relatives, beginning with your spouse and children. If you lack a spouse and children, your grandchildren or your parents will be next in…

202407.24
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Do not forget two key components of any estate plan:  a Durable Power of Attorney for Healthcare and an Advanced Healthcare Directive

If you read my monthly articles regularly, you know the cornerstone of any estate plan is a Last Will and Testament, (hereinafter, “Will”). But a Will has many limitations and should never stand alone as a plan for your future. The following are a few of the limitations for Wills: A Will does not completely…

202402.14
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Navigating Probate Disputes: How to Understand the Complexities and Resolving Conflicts

Yes, probate is necessary unless prior to death the decedent established an estate plan that caused him or her to avoid owning property that must be administered through probate. Once an estate is opened or created in the county where the decedent last resided, probate disputes often arise during the administration of a deceased person’s…

202306.28
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Pros and cons of a payable on death (POD) beneficiary for your assets

When creating your estate plan, it is important to understand the difference between probate and non-probate assets. Probate assets are those subject to court administration in a process through which a court determines how to distribute your property after you die. Some assets are distributed to heirs by the court as probate assets while others…