Joan Marie Swartz’s Answers

Joan Marie Swartz

Saint Louis Business Attorney.

Contributor Level 4
  1. My wife and I had a living trust done back in 2009 in Baxter county AR. and have recently moved back to Missouri.

    Answered 7 months ago.

    1. Delaney Austin Keefe
    2. Joan Marie Swartz
    3. Michael Leo Potter
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    You need to convey the real estate to your trust. And as others have suggested, this is a good opportunity to have your plan reviewed.

    2 lawyers agreed with this answer

  2. I recently got married. Do I need to make a will to ensure that the home is left in the possession of my children

    Answered about 2 years ago.

    1. Jennifer Lynn Finch
    2. Joan Marie Swartz
    3. Kaye P Willi
    4. Matthew Erik Johnson
    5. James P. Frederick
    5 lawyer answers

    First, assuming the house is titled in your name, it will not become your husband's property unless you transfer interest to him at some point in the marriage. He would only have an interest to the extent he makes contributions toward the payments or improvements during the marriage. As far as leaving your house to your children, you would have to do that through your estate plan or by using a non-probate transfer. It may not be feasible for you chiildren to "stay in the house" after your...

    2 lawyers agreed with this answer

  3. Can we take legal actions? Can we force the buyer to follow thru with closing?

    Answered over 1 year ago.

    1. Joan Marie Swartz
    2. Michael T Millar
    2 lawyer answers

    In Missouri, you can sue for specific performance. This issue here will be whether the buyer can "back out", and that will depend upon the specific language in the contract. Be aware that even if the contract did not provide for the survey, it may have required closing with a title company and title insurance, in which case compliance with requirements of the title compeny is a part of the contract. You should consult a local attorney on this matter. You may be able to compel performance.

    1 person marked this answer as helpful

  4. LLC partner won't buy me out of company. What do I need to do to ensure I get what I put into it and not be liable for his debt.

    Answered over 1 year ago.

    1. Michelle Hayden Bomberger
    2. Pamela Koslyn
    3. Joan Marie Swartz
    4. Celia R Reed
    4 lawyer answers

    You should consult counsel. If there is an operating agreement, it will tell you what you may be liable for, but be aware that if you personally guaranteed any loans, you will be liable regardless of what the agreement states. i think your best course of action is to consult legal counsel.

    1 lawyer agreed with this answer

  5. Can a drywall contractor who I hired directly perfect a lien on my property even when I am dissatisfied with the work.

    Answered almost 3 years ago.

    1. Scott G Wolfe JR
    2. Joan Marie Swartz
    3. Ekaette Patty-Anne Eddings
    4. Jeffrey N Lisnow
    4 lawyer answers

    The answer is state specific. I do not practice in Washington state, however as with most states there is likely a statute pertaining to when a contractor can place a lien on your property for unpaid work. You should research the actual statute. In my home state the contractor can do it for the value of the materials and labor unpaid so long as there was a written notice of his rights in the contract or documents you exchanged prior to the work being done. The question in your case is what...

    1 lawyer agreed with this answer