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Showing posts from April, 2015

5 Tips For Keeping Your Cool In Court

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This may not come as a surprise, but many people find taking a case to trial to be somewhat stressful. With so much time, money, and resources at stake, most people are mentally and emotionally vested in their cases. The legal team at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. understand these pressures and promise to do everything in our power to ease the pressure of your court case. Here are some simple suggestions to help you stay calm and collected during the trial process. 1. Be Honest Lying or otherwise withholding some aspects of the truth is stressful - not to mention illegal. Keep your cool in court by telling the whole truth and nothing but the truth. If you are honest and upfront, you won't have to stress out about anything. 2. Know What To Expect Most people stress about unknowns - if they feel that they don't know what to expect, they are more likely to worry. It may be your first trial situation, but it won't be for ...

Traffic Violations - We Can Help

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Most individuals consider a driver's license to be an significant part of life. Sometimes we even take the right to operate vehicles for granted, as being able to drive is a part of our daily routine. But what would happen if your license got taken away and you weren't legally able to drive anymore? Your lifestyle would dramatically change. While it is usually only severe traffic violations, misdemeanors, or felonies that result in a license revocation, minor violations can also have similar consequences if multiple incidents occur within a short period of time.  PMCW Law Can Help You Keep Your License Drivers all over mid-Missouri come to see our experienced Lake of the Ozarks traffic attorneys for a variety of reasons. No matter what your specific case is, we can work together to solve your traffic violation issue. Here are a couple examples of the ways we can help resolve your traffic violations. Fighting A Ticket Sometimes, drivers believe they hav...

Who Gets The Dog?

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As if dealing with the emotional turmoil caused by a divorce at the Lake of the Ozarks wasn't enough, divorcing couples must also face a many significant (and often challenging) decisions regarding the division of their property and assets. Determining custody of the children has consistently been one of the most difficult decisions divorcing couples must face, but recently there has been an increased interest on another custody issue: the family pet. Who Gets The Family Pet In The Divorce? Many people are surprised to learn that according to strict legal terms, pets are viewed as personal property and will be divided  and awarded to one of the parties in the same manner as furniture or cars. The difference is that many pets are viewed as part of the family, causing divorcing couples to be more likely to argue over who should get to keep the pet. Who Can Look Out For The Pet's Best Interests?  As we begin to view pets less like pieces of property an...

Estate Planning Part 2: What Should Be Included In Your Estate Plan

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"You can't take it with you, but you can leave it behind for your heirs and your surviving spouse." Last week, we discussed the probate process in Missouri and how your assets will be distributed to your survivors if you do not have a valid will in place. Now that you know the consequences of not having a proper estate plan established, the attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you identify the key components of a solid estate plan.  Power Of Attorney Your power of attorney is not necessarily an attorney at the Lake of the Ozarks - the power of attorney is an individual selected by you to act on your behalf in the event that you are unable to represent yourself. There are two main forms of power of attorney: Durable Power Of Attorney and Health Care Power of Attorney. Durable Power Of Attorney  - This individual is responsible for handling your financial affairs. These powers include (but are not ...

Estate Planning Part 1: The Probate Process

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You can't take it with you, but you can  leave it behind for heirs and your surviving spouse. Unfortunately, if you do not have your affairs in order, leaving it to your loved ones is easier said than done. If you are not currently familiar with probate proceedings in Missouri , the lawyers at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. would encourage you to take some time to educate yourself on the process and why it is so important to set up a formal estate plan. Missouri Probate - The Explanation Essentially, the Missouri probate process ensures that all the decedent's outstanding debts are repaid and that the remaining assets are distributed among the surviving family members. If the decedent (the deceased) had an appropriate estate plan established, the probate process could be skipped and the assets could go straight to the heirs. If the decedent did not have a formal estate plan set up, however, then his/her estate will likely be pass...