Martin, Leyhe, Stuckmeyer & Associates LLC Martin, Leyhe, Stuckmeyer & Associates LLC 2026-07-02T15:19:42Z https://www.mlslawmo.com/feed/atom/ WordPress /wp-content/uploads/sites/1304509/2023/02/cropped-fav-32x32.png On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[The $40,000 probate trigger: You can’t just rely on a will]]> https://www.mlslawmo.com/?p=47623 2026-07-02T15:19:42Z 2026-07-02T15:19:42Z Missouri’s probate threshold If the probate estate’s value exceeds $40,000 in value, it must go through the formal probate administration process. In Missouri, a will does not help you skip probate even if it dictates how the court should distribute your assets. An estate will require court oversight to legally transfer ownership if above this threshold. Any estate that goes to probate may need to have their will legally approved by the court. The court will act as the estate’s legal supervisor and formally appoint your estate’s representative. The full probate process may take months to complete, as there is a mandatory 6-month creditor claim period. During these 6 months, the estate cannot legally close or distribute assets. The probate process can add extra time and effort to what could be a straightforward affair. Even an estate with modestly valued home or assets may face court processes if the estate’s value exceeds the state’s threshold.

A defense against the probate trigger

While probate estates valued lower than $40,000 can utilize a simplified small estate court process, you can bypass the courtroom entirely by ensuring assets transfer directly to beneficiaries. Even if your total estate has a higher overall value, you can avoid probate court by utilizing a variety of specific legal tools. Proper asset management can help you ensure your beneficiaries receive valuable assets without costly and time-consuming court procedures. You can avoid Missouri’s probate procedures by ensuring your assets transfer directly to beneficiaries outside of court. There are multiple strategies to accomplish this.
  • Transfer on death (TOD) deeds or registrations: A beneficiary or TOD deed allows you to name a beneficiary that automatically inherits your property upon death. No court involvement is needed to transfer the property. You can use a TOD deed for many types of assets, including real estate, vehicles and investment.
  • Joint ownership: Co-owning property with “right of survivorship” allows owners to pass on property to surviving owners upon death. Co-owned property must use specific phrases to outline the right of survivorship.
  • Revocable living trust: One of the most common and comprehensive measures is to establish a trust. You transfer legal ownership of your assets into your trust while alive and re-title your assets. Your named successor may distribute assets on your behalf without court involvement.

Preserving your legacy

Costly fees and a half-year waiting period is hardly ideal in estate distribution. The earlier you plan and strategize, the easier asset management will be for your family. Consider contacting a legal professional and determine the best pathway to navigate estate inheritance.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[5 reasons why you don’t need a million dollars to need a will]]> https://www.mlslawmo.com/?p=47592 2026-05-13T08:32:49Z 2026-05-13T08:32:07Z Many people assume they need a massive fortune before they draft a will. You already own property and care for loved ones who deserve security today— and not having a will can create real risks for your heirs. A smart estate plan protects your legacy regardless of your current bank balance.

1. Designate a guardian for children

If you have minor kids you must name a legal guardian. Missouri judges decide who raises your children if you die without a will. This document ensures a person you trust takes over this vital role.

2. Appoint a personal representative

You choose who manages your final business affairs. This person pays your debts and distributes your property. Your will gives you the power to select an individual with high integrity.

3. Override state distribution laws

Without a will the state applies a standard formula to your assets. Missouri law might give portions of your estate to distant relatives instead of your preferred heirs. A will keeps your money where you want it.

4. Simplify the probate process

Clear directions help the Missouri probate court move faster. A valid will helps your heirs avoid long delays and high costs. This saves your family significant stress during a difficult season.

5. Avoid potential family conflict

Written instructions prevent arguments among your heirs. You take the guesswork out of your final wishes. This clarity keeps your family united instead of divided over heirlooms or bank accounts.

Securing your family legacy

Your legacy deserves more than a standard template. Missouri law requires strict adherence to formalities regarding signatures and witnesses. A skilled legal professional ensures your document withstands scrutiny in court. This careful preparation provides your family with absolute certainty and protects your wishes for years to come.  ]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[Do Missouri courts recognize handwritten wills?]]> https://www.mlslawmo.com/?p=47591 2026-05-13T07:03:41Z 2026-05-13T07:03:41Z Missouri's stance on holographic wills A holographic will is a document written entirely in the testator's own handwriting, typically without witness signatures. Many states accept these informal documents as valid, but Missouri is not one of them. Under state law, every will generally must be in writing, signed by the testator and attested by at least two competent witnesses. This requirement applies regardless of whether you type or write the will by hand. There are a few exceptions to this. For example, Missouri courts legally accept limited oral wills made in specific emergencies or out-of-state holographic wills from states that permit them.

Common obstacles at probate

Wills written by hand tend to face added scrutiny during probate, such as:
  • Legibility concerns that make it hard for the court to determine what the testator intended
  • Vague or imprecise language that creates disagreement about which assets or heirs are included
  • Disputes over whether the owner actually wrote the will, especially when it conflicts with a prior estate plan
Any of these issues can extend the timeline and raise costs for the estate. Furthermore, if the case becomes contested, the court may reach outcomes that do not reflect what you originally wanted.

Implications of an unrecognized document

If a Missouri court finds that a handwritten will does not meet legal standards, it cannot admit the will to probate. Unless a prior executed will exists, the court then treats the estate as though the person died without one at all. The state's intestacy laws control how property passes when no valid will exists. Under this system, your assets go to your closest surviving relatives in an order the state sets. This formula does not account for friends, charities or other people you may have wanted to include.

Ways to strengthen your estate plan

If you already have a handwritten will, a legal review can help you find out whether it meets the state's rules. In many cases, the most practical move is to execute a new, formally witnessed will that replaces any prior version and accounts for situations you may not have considered. You can also reach out to an attorney. They can help create a draft that has clear, direct language designed to lower the risk of disputes and address your legal and financial obligations.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[How HOAs can handle hardship requests from homeowners?]]> https://www.mlslawmo.com/?p=47587 2026-03-23T08:59:44Z 2026-03-23T08:51:16Z hardship can affect any community at any time. As a Homeowners Association (HOA) board member, you may receive requests to delay dues, waive certain fees or adjust payment terms. These situations can feel sensitive. You may need to protect the association’s financial health while also treating each homeowner with fairness. A clear and steady approach can help you work toward both goals.

Why written standards can help

Putting a hardship policy in writing before requests arise can help set expectations. Clear guidelines may reduce confusion and support more consistent decisions. A policy may outline:
  • What documents you may request to support a claim while still respecting privacy
  • What types of relief the HOA may consider, such as structured payment plans
  • How long a temporary arrangement may last and when the board may review it
When you keep these standards in writing, you show that the board aims to treat similar situations in similar ways. That approach may help lower the risk of disputes within the community.

How to review each request

Even with a policy in place, each request often involves unique facts. When a homeowner submits a request, you may want to review the details alongside the association’s governing documents and relevant Missouri law, such as the Missouri Nonprofit Corporation Act, which often guides how associations operate. During the review, you might consider:
  • The homeowner’s past payment history
  • The possible effect on the HOA’s budget and services
  • The need to apply consistent standards across similar cases
According to Missouri law, boards should discuss sensitive financial matters in a closed executive session rather than an open meeting. This approach may help protect the homeowner’s privacy while allowing the board to speak candidly.

Why documentation matters

Careful recordkeeping can help protect both the board and the community. It may help to document the request, the materials reviewed and the decision the board reaches. Meeting minutes can reflect that a decision occurred without including private financial or medical details. A written response to the homeowner can also help. In that response, you can outline the decision and any conditions that apply. Clear communication may reduce misunderstandings later.

Balancing flexibility and responsibility

Hardship requests often call for empathy. At the same time, board members may have a duty to act in the best interest of the entire association. In many cases, a balanced solution such as a structured payment plan may address both concerns. Since most associations rely on regular assessments to operate, boards often focus on giving homeowners more time to pay rather than waiving assessments outright. You might also set a date to revisit the arrangement. A follow up review can help you see if the situation has changed.

A steady process can build trust

Handling hardship requests may not always feel simple. Still, a consistent process can make a meaningful difference. When you rely on clear policies, thoughtful reviews and careful documentation, you create a system that supports individual homeowners while also managing long term risks. Over time, this kind of transparency may help strengthen home owner trust across your community.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[How to manage unauthorized pets in your Missouri rental properties]]> https://www.mlslawmo.com/?p=47586 2026-03-09T10:06:07Z 2026-03-10T10:04:34Z You walk into your rental property for a routine inspection when a dog barks from the bedroom. Your stomach drops. The lease clearly states no pets allowed, yet here you are confronting an unauthorized animal in your unit. This scenario occurs more frequently than you might anticipate, but Missouri law provides a systematic framework to address this lease violation. The first and most critical step is ensuring you have established a legitimate basis for action.

Verify the violation before taking action

Before proceeding, you need to substantiate that the pet constitutes a genuine lease violation. First, determine whether the animal qualifies as a service or emotional support animal. Federal and state housing laws afford these animals specific protections. Hence, you cannot remove them even if your lease prohibits pets.  Next, document the violation thoroughly. Take photos or videos during proper inspections. Keep detailed records of sightings and any property damage. Once you have compiled solid documentation, you can advance to formal notification.

Issue a formal notice to your tenant

With your evidence in hand, you must then provide your tenant with a written notice. Missouri law allows you to send a 10-day notice to cure or quit. This notice gives your tenant two options, remove the pet within 10 days or vacate the property. Make sure you send this notice in writing for proper documentation and keep copies for your records. After the 10-day period expires, you need to assess your tenant's response.

Follow proper eviction procedures if needed

If your tenant disregards the notice, you can move forward with eviction proceedings. However, you must properly file through Missouri courts. You cannot take shortcuts. Never attempt to remove the pet yourself or enter the unit without proper notice. These actions violate tenant rights and can land you in legal trouble. Thus, adhering to the correct legal process protects you from liability while enforcing your property rights. However, certain critical limitations apply throughout this entire process.

Legal boundaries you cannot cross

In Missouri, you cannot forcibly remove the pet or enter the unit without proper notice, even if the animal clearly violates your lease agreement. These actions constitute illegal self-help eviction. Therefore, you must follow the proper eviction method through the courts, regardless of how flagrant the lease violation may be. Circumventing this legal process can result in substantial penalties and damage your case. Respecting these boundaries actually strengthens your position when pursuing legitimate enforcement action.

Protect your property the right way

Managing unauthorized pets in your rental property often takes patience and careful follow-through on legal steps. You can enforce your lease and protect your property from damage but Missouri law sets clear rules at each stage. Thus, knowing these rules helps you avoid costly errors and keep your rental business running smoothly. Taking the right steps protects your investment and your peace of mind.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[Key landlord obligations in winter]]> https://www.mlslawmo.com/?p=47582 2026-01-19T21:25:20Z 2026-01-19T21:25:20Z Winter can be a uniquely challenging time for residential landlords in Missouri, where cold temperatures, snow and ice can impact the safety of rental properties. While leases may outline certain responsibilities, landlords cannot contract away their basic duty to provide habitable living conditions. As a result, understanding winter-specific obligations is important. Making this effort can help landlords to protect tenants, avoid disputes and minimize their legal exposure during the coldest months of the year.

There are several weather-related duties

For starters, consider concerns related to heating. Missouri law requires landlords to provide a rental unit that is fit for human habitation, which includes a reliable source of heat. Heating systems must be capable of maintaining safe indoor temperatures during winter conditions. If a furnace or boiler fails, landlords are generally required to make repairs promptly. Delays in restoring heat can quickly rise to the level of a habitability issue, especially during extreme cold. Weather-related maintenance is another key responsibility. Landlords must take reasonable steps to prevent winter-related damage that could affect tenant safety or property integrity. This includes addressing roof leaks, ensuring windows and doors are properly sealed and protecting pipes from freezing. Frozen or burst pipes can lead to water damage, mold and loss of essential services, all of which may create legal and financial consequences. Snow and ice management can also inspire liability concerns if this task isn’t approached properly. While Missouri law does not impose a universal duty to remove all snow and ice immediately, landlords should be aware of local ordinances and the terms of their leases. Common areas such as entryways, stairwells and parking lots should be monitored and maintained to reduce slip-and-fall risks. Ignoring hazardous conditions may expose landlords to injury claims.

Additional ways to limit liability risks in the winter

Landlords should ensure tenants know how to report urgent issues, such as loss of heat or water and that emergency contact information is current. Clear communication helps prevent small problems from becoming major emergencies. Landlords should also be cautious about tenant repairs during winter. Tenants may attempt temporary fixes, such as using space heaters, which can create fire hazards. Addressing maintenance issues promptly reduces the likelihood of unsafe workarounds. Missouri winters can be unpredictable, and proactive maintenance is often the best defense against legal disputes. A skilled legal team experienced in landlord-tenant matters can help residential landlords understand their responsibilities, review lease terms and develop winter maintenance strategies that effectively protect both property and legal interests. ]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[How to handle unauthorized occupants in a rental property]]> https://www.mlslawmo.com/?p=47580 2025-11-18T21:44:54Z 2025-11-18T21:44:54Z Most landlords renting residential properties have certain standards for their tenants. They may conduct criminal background checks and credit checks. They want to ensure that their tenants are likely to pay rent and are unlikely to damage the unit.  Unfortunately, landlords may discover that their tenants have allowed unauthorized parties to access or live in their units without their knowledge or consent. In such cases, landlords may feel frustrated, but the law does protect them from this common form of tenant misconduct.  What steps can landlords take to address issues related to unauthorized occupants residing with their tenants? 

Keep clear records

To take legal action against a tenant, landlords generally need clear evidence of specific issues. Photographs of unauthorized parties entering the unit with their own keys could be helpful. So could records from maintenance workers or neighbors showing that unauthorized occupants have been present for multiple consecutive days.  The presence of an additional vehicle in the parking lot or driveway could serve as evidence. Even statements made by tenants could help affirm that someone not on the lease has begun living at the unit. 

Review the lease

Depending on the circumstances, a landlord may be able to take legal action over an unauthorized occupant after a few weeks or a month. Some leases even include terms that restrict tenants to strict limits on overnight visitors. Proving that the occupant has been present for multiple successive nights in violation of the lease or for more than a month could be enough to warrant legal action. 

Notify the tenant

Once the landlord has proof of inappropriate tenant conduct, notifying the tenant of the issue is often necessary. Giving a tenant an opportunity to stop sharing the space with an unauthorized occupant can lead to an amicable resolution to the situation.  If they refuse to take action or to admit their wrongdoing, then the matter may need to go to court. Documentation of a good-faith attempt to resolve the matter privately can help strengthen the landlord's position. In some cases, they may even have grounds to evict the tenant and seek compensation for damages.  Increased utility expenses and damage to the unit are common consequences of having additional people living at a rental unit without the landlord's authorization. Consulting with a real estate attorney can help landlords understand and assert their rights. Removing unauthorized tenants can be a complicated process, but it may be necessary for the protection of a landlord's financial interests.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[Collect unpaid rent from your tenants without breaking the law]]> https://www.mlslawmo.com/?p=47578 2025-11-17T14:38:52Z 2025-11-17T14:38:52Z Start with a written notice Missouri law requires landlords to give tenants a written demand for unpaid rent before taking further action. Under Missouri’s tenancy laws, you must notify the tenant of the overdue balance and provide a deadline to pay. This step establishes a record that you attempted to resolve the issue before escalating.

Consider payment arrangements

Sometimes tenants can catch up if you offer a reasonable plan. Document any agreement in writing. Clear communication and record-keeping can reduce disputes later and help show good faith if legal action becomes necessary.

File for eviction if needed

If the tenant does not pay after proper notice, you can file an unlawful detainer (eviction) action. This process allows a court to order the tenant to pay rent or vacate the property. Filing correctly ensures a timely resolution of the case and prevents dismissal due to procedural errors.

Gather evidence for your case

You should collect all leases, payment records, communications and notices. Detailed documentation strengthens your claim and supports any court proceedings. The courts will review landlord-tenant obligations to see if any violation occurred and to assess whether your claim has merit.

Protect your business and income

Following the law not only helps you recover unpaid rent but also safeguards your reputation and reduces potential liability. If you are unsure about notices, filings or proper procedures, consult a Missouri landlord attorney who can clarify your options and help you act confidently. You should not have to just accept your losses. Protect your rights as a landlord without damaging your business’s good name.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[When can a landlord lawfully enter a rented property?]]> https://www.mlslawmo.com/?p=47577 2025-09-21T23:37:13Z 2025-09-21T23:37:13Z When an emergency arises There are circumstances that require the immediate intervention of the property owner. Reports of a gas leak or water incursion make immediate action necessary in most cases. In an emergency scenario that could endanger life or property, landlords can access rental units with little or no advanced notice. They can also provide access to utility professionals and repair people hired to perform work on the property to address an emergency situation. Complaints about non-emergency repairs or attempts to withhold rent in escrow due to maintenance failures do not necessarily constitute an emergency that warrants immediate access.

After providing reasonable notice

In some states, statutes require that landlords provide 24-hour notice prior to seeking access to inspect the unit or show it to prospective tenants or a potential buyer. Missouri state statutes do not impose specific standards for advance notice. In some cases, the lease signed at the beginning of the tenancy outlines the notice requirements for a landlord to access the occupied unit. Other times, landlords can provide reasonable notice of their intent to inspect or show the property. Landlords should give tenants an opportunity to accommodate their need for access and preserve their privacy instead of showing up unannounced unless there is an emergency. In some cases, tenants may have the right to refuse entry requests in non-emergency scenarios without proper notice. Disputes related to landlord-tenant relationships can lead to lease violations and litigation. Both landlords and tenants generally need to know the rules that govern landlord access to an occupied rental unit in order to effectively protect their interests.]]> On Behalf of Martin, Leyhe, Stuckmeyer & Associates LLC <![CDATA[Can landlords enforce lease terms without litigation?]]> https://www.mlslawmo.com/?p=47576 2025-08-26T12:25:54Z 2025-08-26T12:25:54Z Common lease violations that trigger enforcement You may need to enforce a lease when a tenant violates basic terms. These violations include:
  • Missing rent payments.
  • Using the space for unauthorized purposes.
  • Damaging the property beyond normal wear.
  • Failing to maintain required insurance.
  • Subletting without permission.
Commercial leases often list specific remedies for these issues. When you understand the violation, you can choose the right enforcement method.

Using lease enforcement letters to prompt compliance

A lease enforcement letter is not a legal filing. It’s a written notice that documents the issue and gives the tenant a chance to fix it before more formal action is considered. Many landlords begin with this step. A strong letter should:
  • Reference the lease clause that was violated.
  • Explain the issue clearly.
  • Set a deadline for compliance.
  • Describe what may happen next.
Sending a letter shows that you acted in good faith. Missouri law may also require this step before you move forward with other options.

Mediation and other dispute resolution options

Mediation allows you and the tenant to work with a neutral third party to resolve the issue. Many landlords choose this option because it’s faster, more private and often less expensive than going to court. Some commercial leases in Missouri require mediation before either party can file a lawsuit.

What to do when informal enforcement isn’t enough

You may not need to file a lawsuit to enforce lease terms. However, if the tenant refuses to comply, or if the lease terms are unclear or disputed, it may be time to consider legal help. A lawyer can help you follow Missouri procedures, avoid costly mistakes and protect your rights as a landlord.]]>