Thursday, February 15, 2018

5 FAQs about Wills

Having a will that indicates who you want your assets to go to when you pass away is extremely important. If you don't do this, your wishes may not be fulfilled. While most people probably recognize the importance of having a will, there are still different aspects that can be difficult to understand with this process. Our estate planning lawyers at the Lake of the Ozarks understand and are here to answer a few frequently asked questions about wills.



5 Frequently Asked Questions (FAQs) About Wills


FAQ # 1: Do I have to have a certain amount of assets in order to have a will?

Answer: No, it doesn't matter how much money you plan to leave behind when you pass away, but it's important to realize the tax implications that could come into play here. If you don't understand exactly how your assets could be taxed, we urge you to reach out to an estate planning attorney that can explain.

FAQ # 2: What would happen if I died without a will?

Answer: Your assets would be divided by the court in accordance with Missouri law, which may be different than you wish, which is why it is so vital to have an updated will. If you die, without a will, your assets will pass through the laws of intestacy. Typically assets are passed to children or the spouse, but that is not guaranteed.

FAQ # 3: Do I have to have a lawyer to make a will?

Answer: No, you do not have to have a lawyer to make a will, but if you don't understand all of the laws and legal effects of the terms of your will and estate, we strongly urge you to seek legal help. Doing so can make the process of creating a will much easier for yourself. At the very least, you can set up a free consultation with us and ask the questions you've been wondering about.

FAQ # 4: How old must I be to make a will?

Answer: You must be at least 18 years of age or older in order to make a will.

FAQ # 5: Can I put who I'd like to take care of my children if I die in my will?

Answer: Yes, you may name a legal guardian for your minor children in your will. This person can care for your children until they turn 18 if both parents are deceased or the surviving parent doesn't have the mental capacity to care for them.


Do You Have Questions About Creating Your Will?


Phillips, McElyea, Carpenter, and Welch understands that it may be unpleasant to think of what will happen after you die or become mentally or physically incapacitated. Don’t put this important family planning off!. There can be negative consequences if you don’t have a valid will. We encourage our clients to let their wishes be known for the division of property and potential health care decisions. There are several documents we can help you draft:

wills
trusts
powers of attorney
health care directives
living wills
guardianships
conservatorships
probate administration

If you need help with any of these documents or just have questions, call our estate planning lawyers in Camdenton at the number listed below for a free consultation.




Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook

Friday, February 9, 2018

The 22nd Annual Winterfest Event

Phillips, McElyea, Carpenter, and Welch would like you to know that the 22nd Annual Winterfest Event is coming up soon! This event is presented by the Daybreak Rotary and our lawyers at the Lake of the Ozarks are big supporters of that organization. Keep reading to learn about this fantastic event.


Photo by: The Lake Ozark Daybreak Rotary


The 22nd Annual Winterfest Event


Source: https://www.funlake.com/lake-ozark-daybreak-rotary-presents-winterfest-2014

WHEN: This event will take place Saturday, February 24 at 5:30 p.m.

WHERE: This event will be held at:

Tan-Tar-A Resort
494 Tan-Tar-A Drive
Osage Beach, MO 65065

COST TO ATTEND THIS EVENT: Tickets are $60 each (To purchase a ticket, contact Anna Diebold at 573-302-2441 or any member of the Daybreak Rotary.)

ABOUT THIS EVENT:

This year's theme is "Back to the Beach." All of the proceeds will go back to the Daybreak Rotary and toward helping those in our community who need it. This will be a fun event for anyone who prefers to "party with a purpose." Event festivities will include a Silent Auction by Rick Bryant, Wine Pull, (back by popular demand), Live entertainment by the i-Berrys, Buffet Dinner, Door Prizes and lots of fun!

This event wouldn't be possible without the help of the sponsors.

Source: https://www.lakeexpo.com/community/volunteer_and_charity/wine-wheel-joins-auction-music-for-daybreak-rotary-s-winterfest/article_e61e53fe-0505-11e8-991e-e7149b01d948.html

The Diamond sponsors are Central Bank of Lake of the Ozarks, mPix, Redhead Lakeside Grill, Polylift and Shawnee Bluff Winery are on board. Platinum sponsors are B & B Heating and Cooling, Premier Dental, Above & Beyond Roofing and Alphagraphics. For more information on how to become a sponsor of this event, contact Carolyn Davinroy at 314-609-1405.

To learn more about the Daybreak Rotary and all of the good they do, visit their website at www.DaybreakRotary.org.


Photo by: The Lake Ozark Daybreak Rotary


Drive Safely To and From This Wonderful Event


Our lawyers in Camdenton would like to wish everyone a fun, but safe time at this event. As stated earlier, Phillips, McElyea, Carpenter, and Welch are big supporters of the Daybreak Rotary Club. Our very own, Brooke Christy had the opportunity to serve as President of the Lake Ozark Day Break Rotary and she continues to serve as an Executive Board Member. To see what other community organizations our staff here at Phillips, McElyea, Carpenter, and Welch are involved in, visit our website at www.PMCWLaw.com.




Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook

Friday, February 2, 2018

The Do's and Don'ts of Starting Your Own Business

Congratulations on deciding to start your own business! You are beginning a brand new venture and there can be a lot of rewards that come along with it. You should be aware of the do's and don'ts of starting a business to avoid legal hurdles down the road. Our experienced law office in Camdenton is here to give you some key do's and don'ts when staring your own business.




Do's and Don'ts of Starting Your Own Business


Do's of Starting Your Own Business

1. Do seek advice outside of your business.

There is nothing wrong with seeking help from others when you need it. Whether it be a law firm or a group of your professional peers. If you need assistance on how to get more sales or what the latest trends are in your industry, reach outside of your business to the appropriate groups for insight.


2. Do know what your services are worth.

Don't sell yourself short. When you are starting out, it may be difficult to properly price your services. Do your research and look at what your competitors are doing if you can. You may find you need to change your prices over time and that is ok.


3. Do be unique.

What makes your business stand out from the rest? What is going to make potential customers come to you over your competitors? Whatever that is, find it, and advertise it. 



The Don'ts of Starting Your Own Business

1. Don't underestimate how much marketing your business really needs.

For example, many businesses may think being on Facebook is enough. This is not the case. You need to figure out how your customers want to be reached and then create a marketing campaign that can do just that.


2. Don't wait too long get the financial help your business needs.

When you need financial help to keep your business going, be upfront with the sources from which you are seeking funds. Think of it this way, if you were investing in a company, you'd probably need to BELIEVE in that company first, right?


3. Don't underestimate your competition. 

You need to look at direct and indirect competitors. Don't forget about a business that could potentially steal some of your customers.




Need Assistant Starting Up Your Business?


Phillips, McElyea, Carpenter, and Welch can help with the legal support and documentation for your established business. Our experienced lawyers at the Lake of the Ozarks can help you with a wide variety of legal issues, such as:

  • Selecting an appropriate business formation
  • Incorporation and creation of corporations, limited liability companies, partnerships, etc.
  • Drafting contracts and other legal documents
  • Winding down and dissolving your business
  • Litigation support for disputes with vendors, customers, partners, regulatory authorities or other types of business disputes

We have years of experience in helping businesses, both big and small, with all of their legal needs. We recognize that each business is unique and different, and we will take the time to learn about and understand your business so that we can provide the best possible services and solutions for your endeavor. Contact us to set up a consultation. We have evening and weekend appointments available. Our firm is conveniently located next to the Camden County courthouse, and we have an open door policy where clients can feel free to stop by and discuss their legal needs.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook

Thursday, January 25, 2018

3 Reasons Why You May Need a Lawyer if You are a Property Manager

Running a property management company can be enjoyable, but there can be some challenges. Having an experienced lawyer at the Lake of the Ozarks on your speed dial couldn't hurt. There are a number of issues that can come up that may require legal attention. Phillips, McElyea, Carpenter and Welch are here to give you a few reasons why you may need legal help as a property manager.




3 Reasons Why You May Need a Lawyer if You are a Property Manager



1. Assembling the lease (rental agreement) and the property management agreement OR reviewing existing legal documents.

We can't stress enough how important it is to get procedures agreed upon in the beginning through the lease and property management agreement (if applicable). Here are few examples of what a lawyer may help you implement into your lease or property management agreement. The lease is the agreement made between the tenant and landlord. The property management agreement is the agreement made between the property management company and the landlord.

For the lease:

  • Your guidelines on firearms in the property
  • Policies on rent payments
  • Pet policies
  • What needs to be fixed by the tenant vs. the landlord or property management company
  • Policy on security deposit being returned
  • Policies against subletting
  • Procedures for eviction upon default in payments
For the property management agreement:
  • Who handles the eviction process, the landlord or the property management company
  • Who's responsible for handling maintenance
  • Terms of payment for property management fees and owner percentage
  • Property manager responsibilities for advertisement of the property
  • Rental agreement terms (6 mos., 1 year, etc.)
  • Additional fees - how will those be allocated, such as credit card fees or late fees
  • Duration of the manager agreement
  • Insurance responsibilities


2. Past due rent collection

If one of your tenants hasn't paid rent on time, you need to know what the process is for collecting that rent. For example, some companies may allow a grace period of a few days before they collect a late fee. This needs to be clearly stated in the lease and your tenant should firmly understand these terms. If you have to turn the tenant over to collections, you may need to get a lawyer involved. This could eventually result in eviction.



3. Maintenance discrepancies

When a property management company hires an outside maintenance company to fix something in the property, it needs to be fixed completely. There's a possibility that the tenant could come back and say, "They never showed up" or "They didn't actually fix it." If that happens, legal help may be needed. An experienced litigator can help you handle a dispute between the maintenance company and the tenant.



Get Legal Help for Your Property Management Business


Our Camden County attorneys are here to help you with your legal needs. From assembling a rental agreement to legal processes behind eviction of a tenant, we are here for you. Legal problems in regard to property management can be unpleasant to deal with and you shouldn't have to handle it alone. Call the law office of Phillips, McElyea, Carpenter, & Welch today for your free consultation or visit our website at www.PMCWLaw.com for more information. We have evening and weekend appointments available. Our firm is conveniently located by the Camden County courthouse, and we have an open door policy for clients to just stop by and discuss their legal needs.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook

Friday, January 19, 2018

How to Avoid a Lawsuit Against Your Restaurant

Owning a restaurant can be an exhilarating experience. Bringing smiles to peoples' faces with your home cooked comfort food can be very rewarding. However, there are also certain legal liabilities that can come with owning a restaurant that you should be aware of. Protect yourself and your restaurant from the potential of being sued, by arming yourself with information. If you do happen to find yourself, as a restaurant owner, on the receiving end of a lawsuit, consult with an experienced lawyer at the Lake of the Ozarks. Here are a few potential legal liabilities you could run into when owning a restaurant.






3 Potential Legal Liabilities a Restaurant Owner Should Know


Liability # 1
Alcohol related issues
There are a number of alcohol related issues you can run into as a restaurant owner, if you serve alcohol, that could potentially result in you being sued. Some examples include:

  • Your customer becoming overly intoxicated and disturbing other customers
  • Customers driving home after being overserved
  • Serving alcohol to minors

One way to attempt prevention of customers driving home intoxicated is by posting local Taxi information.


Liability # 2
Food safety hazards
One of the worst things is a customer getting sick because your food wasn't prepared properly. If you have customers who either get sick or suffered from an allergic reaction from your food, you could be at risk of being sued for a large sum of money. Be sure your kitchen staff is highly trained and make certain your menu clearly states if an item contains possible allergens. There are different measures you can take that can make for a cleaner, safer restaurant. For example:

  • Make sure your trash is taken out regularly.
  • Enforce a hygiene policy to your employees.
  • Make sure your refrigerator is working properly.





Liability # 3
Employee safety hazards
Employee accidents happen. We are all human and no one is perfect. For example, you may have a prep cook cut himself while chopping vegetables or a hostess slip and fall on a wet floor. While nobody wants this to happen, the reality is accidents do happen. This is why it is so important to have Workers Compensation insurance for your employees. According to the Department of Labor and Industrial Relations:

"In the state of Missouri you are required to carry workers’ compensation insurance if you have five or more employees, unless you are in the construction industry, then you must carry workers’ compensation insurance if you have one or more employees. Employers that don’t have the required number of employees or who have employees in the exempt categories may “elect” to come under the law and carry workers’ compensation insurance. Exempt employers that decide not to purchase workers compensation insurance or to self-insure remain exposed to civil lawsuits brought by employees who are injured during work. Sole proprietors and partners are not themselves covered unless they elect to be covered; close family member-employees and members of a limited liability company are presumed to be covered unless they opt out."



Need Legal Protection from Your Restaurant Lawsuit?


If you are facing a lawsuit, as a restaurant owner, you should seek the legal guidance of a lawyer in Camden County who knows how to handle this sort of situation. The lawyers at Phillips, McElyea, Carpenter & Welch, P.C. have years of experience in helping businesses, both big and small, with all of their legal needs. We recognize that each business is unique and different, and we will take the time to learn about and understand your business so that we can provide the best possible services and solutions for your legal problem. For a free consultation, call our office at 573-346-7231 or visit us at 85 Court Circle N.W. in Camdenton.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook

Friday, January 12, 2018

The Mardi Gras Pub Crawl (Don't Drink & Drive)

The Annual Mardi Gras Pub Crawl at the Lake of the Ozarks is only about a month away. This is one of the biggest parties at the Lake and Phillips, McElyea, Carpenter, and Welch would like to wish everyone a FUN, but SAFE time. Keep reading for more details about this fun event. Our lawyers at the Lake of the Ozarks will also highlight some consequences of drinking and driving. Be safe and have your transportation planned ahead of time.




Source: www.LakePubCrawl.com


The Annual Mardi Gras Pub Crawl at the Lake of the Ozarks


This exciting event will take place Saturday, February 17, 2018. The buses will start at 4 p.m. and there is a $10 charge for the wrist band. Your wrist band provides you with the following:

Entry to 17+ participating venues;
Unlimited entertainment – All locations will have band or DJ;
Bus transportation to all 17+ locations; and
Pick up and drop off at participating Hotels/Motels.

You may purchase a wrist band at one of the participating bars/restaurants, hotels/motels sponsors, or Sunshine Daydream on the Bagnell Dam Strip.

Here is a list of participating bars/restaurants:

Wobbly Boots
Wicked Willie’s
Tucker’s Shuckers
Arris’
Mexicali Blues
JJ Twigs
Tirebiters
Chevys
Lil’ Rizzo’s
SNAFU
Vista Grande
Inn at Grand Glaize
Lucky’s
Angelos

Here is a list of participating Motel/Hotels that are both on and off the bus route. Each of these locations will offer a special rate for the pub crawl. For more information, visit their website at www.LakePubCrawl.com/lodging.html.

On-Route Lodging

Baymont Inn & Suites
Days Inn
EconoLodge
Inn at Grand Glaize
Lake House Hotel
Quail’s Nest Inn & Suites
Quality Inn & Suites
Scottish Inns
Town & County Motel
The Lodge at Port Arrowhead

Off Route Lodging

Camden on the Lake
Lakeview Resort
Sleep Inn & Suites
The Lodge of Four Seasons
Lone Oak Point Resort
Osage National Golf Resort
Condos, Cottages, & Homes
Keys to the Lake
Ozark Yacht Club
Robin’s Resort
Southwood Shores

(There will be shuttle service to the Mardi Gras Pub Crawl to and from the Lodge of Four Seasons and Camden on the Lake.)

The entertainment schedule has not been announced yet, but check back on www.LakePubCrawl.com for more information as we get closer to February 17.




Don’t Drink and Drive


While you may be a local and plan to just drive home after riding the bus around, our attorneys in Camden County urge you not to. It is not worth getting a DWI or worse, injuring someone or yourself in the process.

According to the Missouri Department of Revenue:

“A first-time DWI or BAC conviction may result in a 90-day suspension. You may be eligible for a Restricted Driving Privilege (RDP)."

“If you are convicted of a second intoxication-related traffic offense, regardless of the length of time between convictions, you will typically receive a 1-year revocation for accumulation of points. If you are convicted a second time for an alcohol- or drug-related offense within a five-year period, you may also receive a 5-year license denial.”

“If you are convicted three or more times of an intoxication-related traffic offense, you may receive a 10-year license denial.”

Again, while we urge you NOT to drink and drive, mistakes happen. If you do find yourself getting a DWI, call a DWI lawyer at the Lake of the Ozarks. One of our experienced lawyers may be able to help minimize the damage to your driving record. You may call today at 573-346-7231 or stop by at 85 Court Circle N.W. in Camdenton for your free consultation.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax






Friday, January 5, 2018

Child Custody FAQ's

Going through a divorce can be tough, especially when children are involved. You could be worried about how the custody battle is going to go and whether or not you are going to get to spend enough time with your child. There are a lot of variables to consider when it comes to child custody cases. Our child custody lawyers at the Lake of the Ozarks are here to answer some frequently asked questions regarding child custody.




Child Custody FAQ’s


Q: How does the court determine custody of a child?

A: Ultimately, the court is looking at what’s in the best interest of the child. There are a number of factors that will typically play a part in the court determining who should receive custody of the child. For example, here are a few questions the court may ask in order to determine their decision.


  • Have either of these parents ever abused the child?
  • Can this parent financially provide for the child?
  • Depending on the child’s age, which parent would the child prefer to live with?
  • What do the parents wish?
  • Would the child have to move to a new city, school, and state? If so, what kind of impact is this going to have on the child? 


The court may also look into:


  • The medical history of both parents and the child;
  • The lifestyle the child currently has and whether or not they are happy with it; and
  • The willingness each parent has to co-parent with the other.


Q: Is it more likely that child custody will be granted to the mother over the father?

A: Typically, the court is required to grant custody in the best interest of the child, no matter what the gender of the parent is. Fathers could just as likely get custody of their children as mothers can, it all depends on the factors listed above and whether or not the parent has the time and capability to provide a good quality life for the child.




Q: What are the different types of child custody?

A: There are 5 terms used to describe child custody. They are:


  • Joint Custody is where custody of the child is split between 2 parents.
  • Sole Custody is where custody is awarded to just one parent.
  • Physical Custody refers to where the child physically resides.
  • Legal Custody refers to making decisions regarding the child’s upbringing and well-being.
  • Grandparent Visitation and Custody is where grandparents are seeking visitation or custody of the child, but the decision is still based on what’s best for the child.


Q: Is it possible that custody could go to someone who isn’t a parent?

A: Yes, in some cases another relative, such as grandparents, aunt or uncles may seek custody of the child. There are certain forms and procedures that typically need to be followed, but this is possible.


In Need of a Mid-Missouri Child Custody Lawyer?


We understand how hard it is to not know whether or not you are going to have enough time with your child. Child custody cases can be emotional and very stressful for the parents and the children. Don’t go through it by yourself, hire an attorney who can guide through this difficult time in your life. Our firm has an open door policy, and there is no need for a formal appointment for clients to stop by to discuss their legal needs. We are aware of the importance of good communication and we listen carefully to the needs of our clients, keep them informed, and return phone calls promptly. Stop in for your free consultation at Phillips, McElyea, Carpenter & Welch, located at 85 Court Circle N.W in Camdenton. 



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax