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June 2019 Archives

The challenges of enforcing oral contracts

As a landlord, sometimes you may find it easier to just make an oral agreement with a new tenant. While it is true that Missouri law does recognize oral agreements to some capacity, there is added risk to using a spoken agreement over a verbal one. These risks can leave a landlord at a disadvantage if the oral contract is ever litigated by a tenant or other party.

Determining parentage for intestate succession

The process of intestate succession (and the guidelines governing it) have been detailed on this blog in the past. As the child of one who dies without a will, you have the right to inherit a portion of your parent's assets. Yet oftentimes clients come to see members of our team here at Stephen A. Martin Attorney at Law when the issue of establishing parentage arises. This may seem a simple enough task; simply identify a decedent's issue (their direct descendants). Yet what if you are not the biological child of a decedent, your parents were unwed? Are you still entitled to inherit assets under the state's intestate succession guidelines? 

What should you expect from your HOA?

There are many advantages to living in an area that has a homeowner's association in Missouri. Such an organization can establish guidelines for you and your neighbors who reside in the community. These rules can help to maintain a place that is aesthetically pleasing, mutually beneficial and in accordance with city-sanctioned laws. 

Settling an estate's debts

Some in Saint Charles might mistakenly believe that once one dies, all of their debts are resolved. Yet that is not the case. Were a decedent still alive, the funds used to pay their debts would be taken from their personal assets. Upon their death, those assets become their estate. Thus, any debts that are owed now must be paid from the estate. As one's executor or personal representative is tasked with managing their estate, the job of allocating estate assets to pay off their debts falls to that party. Since msn.com reports that the average American has $61,000 of debt when they die, those asked to serve in the aforementioned role should be familiar with their debt resolution options. 

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