PMCW Law

Congratulations! You have decided to take a big step and start a nonprofit corporation. Nonprofits may be started for a number of reasons, including religious, scientific, educational, or another personal reason.  There are certain legal steps that need to be taken in order to be successful in forming a non profit corporation in Missouri . Phillips, McElyea, Carpenter, and Welch is here to tell you the key steps behind setting up a nonprofit corporation in Missouri. The Legal Steps Behind Setting Up a Nonprofit Corporation in Missouri 1. Choose who the initial board of directors will be. In, Missouri you must have at least 3 directors. 2. Choose a name for the nonprofit organization. The name you choose for the nonprofit needs to be distinguishable from other businesses on file with the Missouri Secretary of State.  3. Create and file the nonprofit articles of incorporation. Contact the Missouri Secretary of State's office and create and file the...

Social Security Disability is a government system that provides monetary assistance to people with inadequate or no income and is disabled. The possibility may never even cross your mind when applying for social security disability, that you may NOT qualify. Prepare yourself because not being granted social security disability benefits is a REAL possibility.  Phillips, McElyea, Carpenter and Welch  are here to explain 5 reasons why you may not qualify for social security disability benefits. 5 Reasons You May Be Disqualified for Social Security Disability Benefits 1. You may make too much of an income. You may be denied social security disability benefits if you make over the set limit of income. If you earn over this limit, it considered “substantial gainful activity (SGA).” This refers to the fact that you earn too much money to qualify. You are able to earn a certain amount when applying for Social Security disability, but not over the SGA limit, which...

Personal injury cases come in many forms including car accidents, slip and fall cases, dog bites, assault, battery, etc. No matter what unfortunate type of situation you find yourself in, you need to know what all your options are and what your personal injury case is actually worth. The worth of your personal injury case ultimately comes down to DAMAGES. In this 2 part blog series, our experienced personal injury attorneys at the Lake of the Ozarks are here to explain different types of damages that are common in many personal injury cases and how a personal injury damages award can be affected by a plaintiff's action or lack of action. Different Types of Damages Compensatory Damages in Personal Injury Cases Some personal injury cases are deemed "compensatory." This means that the damages are intended to compensate the injured plaintiff for what was lost due to the accident or injury. When compensatory damages are awarded, they are meant to make the injure...

Phillips, McElyea, Carpenter & Welch has had the pleasure of getting to know many clients over the years. Throughout that time, we've been able to help so many people achieve the legal results they were hoping for. Now, our experienced lawyers in Camdenton would like for you to get to know them a little better. Last month, we featured Brooke Christy, Attorney at Law . This month, we are featuring David Welch. Get to Know YOUR Lawyer - David Welch Q: Where are you from and where did you attend college? A: I was born in New Brunswick, New Jersey in 1953. I grew up in St. Louis, Missouri and obtained my BA in Political Science in 1975 from the University of Missouri-St. Louis. I earned my Juris Doctor degree from the University of Missouri-Columbia School of Law in 1978 and associated with my present firm upon graduation. While in law school, I met and married my wife. She received her teaching degree from Missouri and taught kindergarten in the Camdenton schools f...

Thinking about passing away is something that most don’t like to think about or discuss.  Most of us don’t like planning for our death, but you owe it to your loved one's to have a plan in place.  A will allows you to designate what will happen to your possessions and estate in the event of your passing . We know getting your affairs in order may not be something you desire to do, but it is something you need to do.  The  Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. will answer some frequently asked questions about wills.  Our  experienced estate planning lawyers at the Lake of the Ozarks  and our probate administration attorneys can help you along every step of the way.  Estate Planning vs Probate Administration  What's The Difference? Passing money, possessions, property, and other assets from a deceased loved one to surviving family and friends is often a two-step process. First, decisions must be made ...

In Missouri, there are three different types of criminal charges, including felonies, misdemeanors, and infractions. The type of crime you are charged with is determined by the elements of the offense, as well as the range of punishment the individual could receive. These three criminal charge categories differ significantly and the law offices of Phillips, McElyea, Carpenter, & Welch, P.C. give you a reference guide below. Infractions An infraction, often called a violation or petty crime, is an offense that is typically penalized by fines, but not jail time. Traffic offenses are the most common form of infraction and these types of crimes may be handled in the municipal court. Misdemeanor A misdemeanor is less serious than a felony and tend to be the most common type of charge. Missouri categorizes misdemeanors into various classes: Class A through Class C. Class A misdemeanors are the most serious. Misdemeanor charges are issued by the state and include a wide...

The 2nd annual Pumkin Chunkin Palooza is almost here! Pumkin Chunkin Palooza is a Fall, family friendly event at the Lake of the Ozarks and proceeds help four local lake charities. This event is organized and presented by the "Power of 4" Rotary Clubs of the Lake of the Ozarks. Phillips, McElyea, Carpenter, & Welch are strong supporters of Rotary, with several of our Lake of the Ozarks Attorneys serving as Rotarians.  The Pumkin Chunkin Palooza will take place Saturday, September 30 from 10 a.m. - 6 p.m. at the Ozarks Amphitheater in Camdenton. Here’s a list of the event activities, schedule, the charities the event benefits, and the cost to attend the event. The Event Activities and Schedule The Pumkin Chunkin Palooza family events this year will include the following: • Face Painting • Petting Zoo • Pony Rides • Bounce Houses • Corn Crib Pit • On-site Pumpkin Decorating • Children's Magic Shows • 1 lb. Central Dairy Ice Cream for $1.00  ...