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Williams, Robinson, Rigler & Buschjost, P.C. - Blog

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Recent Blog Posts

Automobile & Pedestrian Liability Issues

Differences Between Public Roads and Private Parking Lots The law related to collisions between automobiles and pedestrians on public roads is different than on private parking lots.  The standard of care and the rules of right-of-way are entirely different. On public roads, a number of statutes apply to the interaction between motor vehicles and pedestrians: Read More

OWNER LIABILITY FOR DOG BITES

Up to four different legal theories address how owners of dogs may be exposed to liability in the event the dog bites someone.  The rational of each is quite different. Under the first theory, if the owner is aware of the dangerous propensities of the dog, the owner is under a common law duty to Read More

TRUSTEES USE OF DECLARATORY JUDGMENT TO OBTAIN JUDICIAL INSTRUCTIONS

Trustees are sometimes faced with difficult or impossible decisions during trust  administration. While Courts are historically reluctant to issue advisory opinions or instructions, there is a substantial body of law, both procedural and substantive, giving the Trustee the right to ask the Court for instructions about administration of the Trust. Procedural Authority Missouri Supreme Court Read More

HISTORY OF LIVESTOCK LAW IN MISSOURI

People who own livestock (sheep, cattle, horses, etc.) are often liable for damages caused should their stock escape their enclosure and cause damage or injury.  The cause of action under the stock law is a very specific cause of action, filed under ‘270.010, RSMo.  This cause of action is strictly statutory, based on the claim Read More

2017 CHANGES TO SUPREME COURT RULE 5.26

New Voluntary Trustee Designation Rules Trustee Appointment Trustee Duties Applicability of Voluntary Designation Provisions The Model Rules for Attorneys, published by the American Bar Association, have been adopted in large part by the Missouri Supreme Court.  One such Rule is Model Rule 28, providing for appointment of a Trustee to administer the practice of a Read More

ASSETS AND PROPERTY OF A MISSOURI DECEDENT

There are a number of different, varying and sometimes complicated provisions of Missouri law that can affect what happens to assets and property after someone’s death.  For these reasons alone, it is always advisable to speak with a Missouri Probate attorney sooner rather than later following a death of a family member or loved one. Read More

AUTOMOBILE INSURANCE STACKING

Do I Get Coverage From All My Insurance Policies On All My Vehicles? Many people own more than one vehicle, and so have purchased more than one insurance policy.  By way of example, assume you own two vehicles, each with an insurance policy and for which you have paid a separate premium.  Do the coverages Read More

AVOIDING PROBATE IN MISSOURI

One of the most important reasons to make an estate plan is to avoid the unnecessary expenditure of time and money in Probate Court.  You can make sure that your family will avoid Probate Court after your death if you act now to create an estate plan. Perhaps the simplest way to avoid Probate is Read More

MISSOURI DRIVER’S LICENSE “POINTS” OVERVIEW

Missouri uses a “Point” system to determine whether to suspend or revoke the driving privileges of Missouri residents.  The “Point” system is set out in Section §302.302, RSMo.  Accumulation of “Points” can result in either suspension or revocation of driving privileges.  Suspensions and Revocations are not the same, and each has different consequences. If you Read More

AUTOMOBILE INSURANCE

Types Of Insurance For Personal Injury Cases Liability Insurance — Section 303.025, RSMo. requires that the owner of a motor vehicle registered in this state (or required to be registered) must maintain financial responsibility for the vehicle.  Without financial responsibility, the motor vehicle owner may not operate, or permit another person to operate, any vehicle. Read More

  
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