DID YOU KNOW?

Just because you have a will doesn’t mean you’ve avoided probate. The important functions of a will are to identify assets, state who is to receive them, and name the person who is to be in charge of winding up affairs.  Fortunately, Missouri law provides an array of non-probate transfers including trusts, to help you avoid probate.

 Police don’t have to advise you of your constitutional rights during a routine traffic stop.  Traffic offenses don’t involve intent, so a malfunctioning cruise control is not a legal excuse.

 Pleading guilty to a no insurance ticket is 4 points against your Missouri driver’s license.  Pleading guilty to a speeding ticket is usually 3 points.

 If you are a suspect in a criminal case, or taken into custody, the less you say without a lawyer present, the better.  What you say, and what the police hear, can be two different things.  Your refusal to answer questions or give consent to a search of your car cannot be used against you in court.

 You can’t tape record your spouse’s telephone calls in Missouri.  Once you’re divorced you can record each other all you want.  Go figure.

 If your ex is interfering with your Court-ordered visitation you can file a family access motion through the Clerk’s office without the assistance of a lawyer.

 A promise to buy or sell real estate is not enforceable unless it’s in writing.

 Does your lease provide that you can recover attorney fees in the event you have to hire a lawyer ? If not, you cannot recover them.

Jerry Biggs L.L.C. is located on the West side of the square in Savannah, MO in the northwest corner of  the state.