PMCW Law

Phillips, McElyea, Carpenter & Welsh, P.C. Videos As we move into the new year, we wanted to share with you a few new videos that our talented folks put together.  We have a lot of exciting things happening at our Law Firm and we are looking forward to some great things in 2014. Our 75th Anniversary In 2014, Hugh Phillips first opened up our doors 75 years ago and we will be celebrating this throughout the year.  Here is Matt Hamner telling you a little about this momentous occasion Let our experience, knowledge, and talent help you with your legal needs. Our attorneys and legal team make up the best law firm in the Lake of the Ozarks area.  We can help you in many areas where you need an advocate for your rights.  Here is Matt Hamner again with some words on what we can do for you and your family We wish you and your family Merry Christmas and Happy Holidays! Here is Matt again with a holiday greeting for you! We Are Effective  Camde...

Mechanic's Lien explained Mechanic’s liens are powerful tools for material suppliers and contractors to ensure payment on materials and work that they provide for the improvement of real property. A Mechanic’s Lien allows an unpaid laborer to potentially sell any real property that he or she has improved in order to pay an outstanding bill for work. Mechanic’s liens, however, are complicated to properly obtain and you should contact an attorney even before you go out to work a job. In order to get a mechanic’s lien in Missouri , you must provide proper notice to the owner of the property at a designated time and the failure to do so can prohibit you from getting a lien. Is there a time limit to file for a Mechanic's Lien? You only have six months from the date of your last significant work on the property to file a lien with the Circuit Clerk. If you do not file within this six month period, you waive your right to seek a lien. Along with your lien statement, y...

What is a Limited Liability Corporation? Like a Corporation, a Limited Liability Company (LLC) limits, in most cases, liability to the company and liability does not extend to the owners of the company.  An LLC is in most respects simpler to create and to operate than a Corporation and most people choose this form of business organization over a Corporation.  A person operating a business or contemplating starting a business must decide if there is sufficient risk to recommend the use of an LLC.  A person might decide that he is adequately covered by insurance and does not need the added protection of an LLC.  However, most attorneys will recommend the creation of an LLC in most types of business operations due to the ease and simplicity of forming an LLC coupled with the limited liability it provides. Advantages of forming an LLC You may have flexibility in taxes.  An LLC can elect to be taxed as a sole proprietor, partnership, S corporation, o...

Questions from our Clients At the Law Offices of Phillips, McElyea, Carpenter & Welch, P.C., we are asked many common legal questions from our clients.  We want to share these great questions with our Blog readers and answer them!  We will feature frequently asked questions with answers every few weeks, so keep checking back. Question - What is the difference between a Will and a Living Will? Answer - A Will is a legal instrument executed by a person in accordance with the Missouri Statutes directing the disposition of property at death, appointing a Personal Representative (sometime referred to as Executor) and perhaps other things.   A Will must be admitted to Probate to be effective.   A Living Will is a written, notarized statement made by person which gives instructions to health care providers concerning the care to be given the person when death is imminent.   The Living Will has been supplanted by an instrument known as a Hea...