Case & Rajnoha - West County Family Law

07/03/2022

Welcome, Lelaina Becker, our new Summer Intern.

03/17/2021

I know that I have said this before but it bears repeating:

If you died today, would someone know where your important papers are? Your Will? Trust? Where you bank? The name and contact information of your financial advisor? Your attorney may have some information but we only know what our client has told us. And do they even know who we are?

Do everyone a favor and make a list of the following:

Your Life Insurance information (company name, telephone number, account number, beneficiary);

Bank account information. With online banking, sometimes the children do not even know where you bank.

House: Who holds your mortgage, if any, and where is the deed to your house? Do you have a Beneficiary Deed which leaves the house to someone, or will they need to go through Probate or through a Trust?

Retirement plans, benefits, stock, investments. At the very least, leave them the contact information.

Vehicle title: Where is it? Does it have a TOD designation (transfer on death)? It's an easy way to avoid probate.

What are your wishes for your funeral, memorial service, etc.? Let someone know while you are alive. Do you wish to be cremated? Buried? Donate your organs or donate your body to science? Have a memorial service? Better yet, make your own arrangements NOW. It's so much easier to do when you are not overcome with grief. Save your loved ones from that.

Do you have a Trust? If so, be sure your Successor Trustee knows where the trust document is and especially, what assets have been put into the trust.

Debts? Credit cards? There is so much more, but I just want you to think about it now.

Don't put everything in a safe deposit box that nobody has a key to.

The bottom line is: Give the person you want to handle your affairs a place to start. Handling someone's affairs is a very stressful job, especially while you are grieving, but you can ease their burden a bit. Go over your financial situation with them now. Repeat periodically, or whenever there is a change in your situation.

List your assets and how each is titled (who owns it). Assets with a beneficiary or joint owner will go directly to them, without probate. List your debts and the contact information.

Finally, write a note to each of your loved ones. We don't know how much time we have and it will mean so much to them.

07/09/2020

Aging Parents? Here is some good information from "A Place For Mom", a privately held, for-profit senior care referral service. They have a website with a lot of great videos and information to help you figure out how to best help your aging parents.

9 ESSENTIAL TIPS TO STOP FIGHTING WITH SIBLINGS ABOUT SENIOR PARENTS

Fran Russo, author of “They’re Your Parents, Too! How Siblings Can Survive Their Parents’ Aging Without Driving Each Other Crazy,” offers these tips to help you take action and avoid conflict:

1. Be empathetic. Be understanding of everyone’s circumstances: your siblings’, your parents’, and your own. It’s a stressful time for everybody.

2. Divvy up responsibilities according to each person’s strengths. Let them choose what they want to tackle (communicating with the doctors, paying bills online, or researching housing options).

3. Don’t expect a miracle. If your sister has always been selfish, she may not change. That doesn’t mean you can’t try to get her to pitch in.

4. Hold your tongue. How important is it if you and your brother don’t do everything the same way? Unless it’s a safety issue, button up!

5. Just ask. Have your parents participate in decision-making, or at least weigh in, if it’s realistic.

6. Keep everyone in the loop. There are now websites that let family members collect all the information in one place (from caregiving and medical information to tasks that need to get done) and log on any time. You should convene for regular family conferences, preferably in person, or otherwise via conference calls or Skype or Face Time.

7. Spell out your needs. Maybe a sibling should know what you need, but maybe they have no clue. Perhaps they think you don’t want help.

8. Timeout. If an issue becomes contentious, take a break, calm yourself, then address the topic at another time. Apologize if it’s warranted.

9. Vent appropriately. Visit a caregiving forum or website, learn how others have handled tough situations, call a friend, see a therapist, or talk to clergy. Professionals can help families untangle issues relating to aging parents and help all parties make decisions.

07/05/2020

Happy 4th of July! Stay safe.

04/23/2020

Due to the Coronavirus, our staff is now working remotely. Please feel free to call our office and leave a message. We will retrieve our messages every day and try to respond within 24 hours. Stay home and stay safe.

04/06/2020

We are pleased to offer everyone a 25% discount on all estate planning documents during the Coronavirus outbreak.

Since many of us are at home now, this is a good time to review your estate planning documents to make sure that you have a plan in place upon your disability or death. At the very least, you should have a simple Will, a financial power of attorney and a health care power of attorney. A Power of Attorney allows the person you designate to transact business on your behalf or make medical decisions if you are unable to do so.

If you own a home, a Beneficiary Deed will transfer your home to designated person/s upon your death, thus avoiding probate.

At Case & Rajnoha, we are currently working remotely. Feel free to contact us on our website at

www.westcountyfamilylaw.com

to discuss your situation. We will be happy to schedule a free telephone conference.

Thank you, and please stay safe.

Please SHARE this with your friends and loved ones.

03/21/2020

We will be working remotely during the coronavirus situation.

Feel free to contact us through our website, www.westcountyfamilylaw.com or leave a voicemail. We will be retrieving our messages on a regular basis.

We will continue to communicate via email or telephone.

Stay safe.

04/11/2019

We help our clients with estate planning by preparing Wills, Trusts, powers of attorney and non-probate transfers but until I read this article by Jane Bryant Quinn, I did not realize what we were leaving out: a personal touch. Please read this article and share with your Facebook friends. What a touching gift to leave your loved ones.

06/08/2018

Back to classes.

06/08/2018

After a long day of classes, Amanda Komo and I enjoy a River Cruise at the Solo and Small Firm Conference at the Lake of the Ozarks.

03/19/2018

Effective 01-01-2018, Missouri expungement law of certain criminal records has changed. This includes charges, arrest records, pleas, trials and convictions.

There ARE limitations, i.e. offenses requiring registration as a s*x offender, kidnapping, felony where death is an element of the offense, etc.

For a felony offense, it must have been at least seven years and for a misdemeanor, municipal offense or infraction, it must have been at least three years from the date of disposition.

Many people get into legal trouble, especially when they are young, and their criminal records restrict them from getting the job they want. For additional information on expungement, call (636) 861-1111 for a free consultation.

PLEASE SHARE.

01/05/2018

Proof of Insurance: This is a quick reminder to keep your proof of insurance card in your vehicle or with you at all times. I estimate that 1/3 to 1/2 of our clients who are pulled over for a traffic stop cannot produce this document. This often results in an additional ticket being issued.

Make it easy on yourself and check to be sure your PROOF OF INSURANCE card is easily accessible in the event you are pulled over or have a traffic accident.

01/02/2018

Wishing you a 2018 filled with good health, happiness, peace and prosperity!

From all of us at West County Family Law: Joel Case, Sally Rajnoha, Amanda Komo and Jennifer Dahm.

11/23/2017

06/15/2017

WEST COUNTY FAMILY LAW is proud to sponsor a round at the Rally for Nalley Trivia Night on August 19th at the Meramec Arnold Elks Lodge. Please consider doing the same. It is for a good cause-- supporting our friend, Debbie Pickles Nalley, with her ongoing fight with breast cancer.

03/24/2017

Happy Spring from Case & Rajnoha!

This is a good time to get organized!

- Check the beneficiary designations on your assets to be sure they are up-to-date.

- Tell your Personal Representative or Successor Trustee where you keep your important papers.

- Make an Inventory of your assets, including names and telephone numbers of your attorney, accountant, and financial adviser. This will be a great help if someone must go through your paperwork upon your death.

09/30/2016

AT WHAT AGE DOES CHILD SUPPORT END
IN MISSOURI?

The short answer is age 18*, unless attending vocational or higher education, in which case it can extend to age 21. If the support is to extend in order for the child to pursue his or her education, take note of some very important requirements which must be met or the support could terminate.

A portion of the Missouri statute (Section 452.340) is set forth below. Follow it precisely to take advantage of the educational extension and avoid a possible motion to terminate for not following the procedure.

VOCATIONAL OR HIGHER EDUCATION EXTENSION:

If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child:

- enrolls for and completes at least twelve (12) hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and

- achieves grades sufficient to reenroll at such institution,
the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-one (21), whichever first occurs.

Important requirements

TO REMAIN ELIGIBLE for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes:

- the courses the child is enrolled in and has completed for each term,

- the grades and credits received for each such course, and

- an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course.
When enrolled in at least twelve (12) credit hours, if the child receives failing grades in half or more of his or her course load in any one semester, payment of child support may be terminated and shall not be eligible for reinstatement.
Upon request for notification of the child's grades by the noncustodial parent, the child shall produce the required documents to the noncustodial parent within thirty days of receipt of grades from the education institution. If the child fails to produce the required documents, payment of child support may terminate without the accrual of any child support arrearage and shall not be eligible for reinstatement.

If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or parent obligated to pay support may petition the court to amend the order to direct the obligated parent to make the payments directly to the child.

As used in this section, an "institution of vocational education" means any post secondary training or schooling for which the student is assessed a fee and attends classes regularly.
"Higher education" means any community college, college, or university at which the child attends classes regularly.

A child who has been diagnosed with a developmental disability, as defined in Section 630.005, or whose physical disability or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection.
A child who is employed at least fifteen (15) hours per week during the semester may take as few as nine (9) credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.

Section 452.340 Revised Statutes of Missouri, emphasis added

OTHER REASONS TO CONTINUE SUPPORT PAST AGE 18:
*If, when a child reaches age eighteen (18), the child is enrolled in and still attending a secondary school (high school) program of instruction, the parental support obligation shall continue IF

--the child continues to attend and progresses toward completion of said program, until the child completes such program

OR

--the child reaches age twenty one (21), whichever first occurs.) This is a topic for another time.

*Another reason for extending support past 18 is if the child is unable to support himself /herself due to a physical or mental disability.