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Posts by Cline Braddock Basinger

Missouri Beneficiary Deeds

We are often asked about methods to distribute property to client’s heirs without the need for probate. Once important way to keep real estate from being subjected to probate is the use of a beneficiary deed. Such deed allows the present owner of the real estate to maintain control of the real estate during his or her lifetime. Following his or her death the real estate can then pass directly to his or her heirs without the need of court involvement of probate.

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Missouri Expungements

In 2018 Missouri passed a new comprehensive expungement law, which is now codified at 610.140 RSMo. Under the new law approximately 1,900 offenses can now be expunged. A petition to expunge a misdemeanor may be filed three (3) years after completion of any sentence or probation period. A petition to expunge a felony may be filed seven (7) years after completion of any sentence or probation period.

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Missouri Equal Custody Law

A new custody law will take effect in Missouri on August 28, 2016, pursuant to HB 1550. The provisions have been reported to create a new presumption significantly favoring “equal” or “50/50” custodial time Judgments. For instance, a recent Missourian article states that the law is based on research showing that “shared parenting, or 50/50 custody” is best for children. The article further states that the law moves Missouri towards having equal custody as the norm, instead of the exception to the rule.

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Missouri Step Parent Adoptions

Under Missouri law an adoption of a minor child by a step-parent is a two (2) step proceeding. First, the rights of the child’s natural parent who the adoptive step parent will be replacing must have his or her parental rights terminated. Second, following the termination of parental rights the court must find that the adoption is in the best interest of the child, and enter a judgment of adoption.

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Missouri Orders of Protection and Ex Parte Orders

An order of protection seeks an order protecting an individual from physical abuse, physical threats, stalking or harassment. Additionally, the Court may grant orders affecting numerous other rights of parties. This includes child custody, child support, maintenance (alimony) and property possession. RSMO Section 455.045 Given the vast array of relief that may be granted by the Court, and the fast-moving nature of the proceedings, having an attorney assist with your order of protection can be beneficial to the outcome of your case.

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Missouri Administrative DWI License Suspensions

Under Missouri law, a criminal charge of DWI or excessive b.a.c. often also carries the potential for additional civil penalties, notably the suspension or revocation of the subjects driver license. At the time of arrest for an alcohol related driving offenses in which a blood alcohol result of .08% or higher is obtained, the arresting officer will seize the subject’s driver’s license, and issue a notice of suspension to the driver.

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Missouri Spousal Maintenance and Alimony

One of the main ways that parties may continue to be financially linked for years after a divorce is through a court order for spousal maintenance, formally known as “alimony.” Having an attorney that can help you determine whether a maintenance order is likely, and how much the payments may be, is very important because of the long term monetary implications involved.

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Missouri Marijuana Possession Laws and Penalties

Contrary to popular belief, possession of marijuana has not been decriminalized in Columbia, Missouri or surrounding areas. Presently possession of marijuana, including synthetic marijuana such as “K2,” is a violation of Section 579.015 Revised Statutes of Missouri, and Columbia Ordinance Section 16-253.

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Missouri Relocation Following Child Custody Orders

A custodial parent may want to change their child’s residence after a custody judgment has been entered. Missouri considers this to be such a potentially significant event that it has enacted a specific statutory procedure to address the situation. Any Missouri custodial parent considering a move with their child should be certain to follow this procedure.

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