Menees & Menees Menees & Menees 2026-01-14T15:53:09Z https://www.menees.law/feed/atom/ WordPress /wp-content/uploads/sites/1502266/2021/08/cropped-MM-fav-32x32.jpg On Behalf of Menees & Menees <![CDATA[3 ways a special needs trust can protect a vulnerable loved one]]> https://www.menees.law/?p=47169 2026-01-14T15:52:14Z 2021-07-27T15:56:15Z special needs trust is a powerful legal tool that helps parents and other adults who love someone with special needs protect that person. The following three protections could make a special needs trust an ideal solution for your family's circumstances.

Special needs trusts can help a loved one maximize their independence

Someone with physical or cognitive disabilities may not be able to live completely on their own. They could require support with daily functions or need guidance when it comes to maintaining household finances or meeting their own needs, like nutrition. Developing a special needs trust can give your loved one some financial resources that they can rely on to cover their expenses. If your loved one wants to move out into their own apartment or possibly a group home, your special needs trust could give them the financial support they need to pursue those goals without giving them control over a large amount of assets that they might misuse.

Special needs trusts can keep your loved one connected with state benefits

Medicaid, educational support programs for adults with special needs and even housing benefits often have strict financial limitations for who does and does not qualify. If the only way that your loved one can live independently or receive the care they need is by receiving state benefits like Medicaid, an inheritance could be dangerous because it cuts them off from those resources. Since a trust can involve planned limitations on how much someone uses or withdraws each year, it can prevent someone from disqualifying themselves from the benefits they require.

A special needs trust can protect your loved one from financial abuse

People with physical and cognitive disabilities can become targets for those with criminal or fraudulent intentions. Financial manipulation and abuse are a real concern for adults with special needs who have their own financial resources. A trust limits who can access resources and why. It also requires a trustee, who can help protect your vulnerable loved one from those who might abuse them. A special needs trust can protect your family member after you die and can also play a role in their independent living while you are still alive. Getting help with the creation and funding of a special needs trust can help your family provide for its most vulnerable member.]]> On Behalf of Menees & Menees <![CDATA[What if my loved one died in a car accident?]]> https://www.menees.law/?p=47192 2026-01-14T15:52:29Z 2021-04-05T19:34:03Z Filing a wrongful death lawsuit You may want to file a wrongful death lawsuit if your family is suffering financially from your loved one’s death. In a wrongful death lawsuit, your family could recoup:
  • Compensation for lost wages because of your loved one’s untimely death
  • Compensation for your loved one’s medical bills from the accident and funeral expenses
  • Compensation if your loved one suffered from their accident injuries before their death
  • Compensation for your pain and suffering from losing your loved one
  • Punitive damages
For a wrongful death lawsuit to succeed, you will need to prove someone else’s negligence caused the accident. In Missouri, you also need to file a wrongful death lawsuit within three years of your loved one’s death.

Getting help for a wrongful death lawsuit

Wrongful death lawsuits are complicated. You will need the help of an experienced personal injury attorney if you want to file a wrongful death lawsuit after your losing your loved one. You shouldn’t have to suffer financial burdens because of your loved one’s death, especially if someone else’s negligence caused family member's death. A wrongful death lawsuit can help you regain financial stability in a difficult time and help you move forward.]]> On Behalf of Menees & Menees <![CDATA[How is property divided in a Missouri divorce?]]> https://www.menees.law/?p=47177 2026-01-14T15:52:35Z 2021-03-29T19:23:40Z Property division in divorce Many divorcing couples don’t realize how property is divided in divorce. In fact, many believe states automatically divide assets 50-50 between divorcing couples. However, most states, including Missouri, practice equitable property distribution. With equitable property division, Missouri divides a divorcing couple’s property in a fair, equitable manner. So, in dividing a couple’s property, courts evaluate:
  • What each spouse’s age and health status is
  • How long a couple has been married
  • If one partner makes significantly more than the other
  • What each spouse’s earning potential is
  • What the financial needs of each spouse is
  • If infidelity or abuse led to the divorce
As a result, many times property division in Missouri divorces doesn’t end up a 50-50 split between spouses.

Setting priorities when dividing property in divorce

Before you begin to negotiate dividing property with your spouse, you first need to account for all your assets. You should work closely with your divorce attorney to track all your assets and establish your property’s worth. This can be a difficult process if you and your spouse own multiple properties and have significant investments and lots of valuable items. You also should think about what assets you are willing to give up and which ones you really want to keep. You may need to give up more of your shared investment assets or retirement funds to your spouse if you want to keep the marital home. Dividing your assets in divorce isn’t a simple task. You will have to compromise, and it likely will be difficult to let go of some items. But this is part of the divorce process, and when it’s complete, you will be one step closer to getting a fresh start on your own.]]> On Behalf of Menees & Menees <![CDATA[What are the chances that I’ll receive alimony?]]> https://www.menees.law/?p=47189 2026-01-14T15:52:43Z 2021-03-22T19:21:27Z Factors that favor alimony payments There is no guarantee that a person will receive alimony in a divorce; either the parties must agree on it, or the courts must order it. As such, it is impossible to say with certainty whether a specific person will receive maintenance. That said, certain factors can increase the likelihood that financial support. Per Missouri alimony laws, elements that can work in favor of someone seeking maintenance include:
  • A lack of resources to cover reasonable living needs
  • Being the custodial parent of a child whose needs prevent the parent from working
  • A lengthy marriage
  • Insufficient education, training or work history to secure employment right away
  • Financial inability to maintain the marital standard of living
  • Age or health-related conditions that prevent an individual from working
  • A valid prenuptial or postnuptial contract containing terms for alimony payments
These represent some of the factors that can make a person a candidate for spousal support.

Factors that can work against a petitioner

Some factors can work against a person seeking alimony. For example, the chances of receiving alimony can be lower for people who:
  • Were married for less than three years
  • Are financially independent
  • Have adequate resources to maintain the marital standard of living
  • Were abusive or violent during the marriage
  • Engaged in financial misconduct
These factors may not automatically disqualify a person from receiving support, but they can present obstacles to a petition.

Know your options and rights

For better or worse, there is no definitive formula for deciding who is and is not eligible for alimony. Often, cases come down to negotiating with an ex or whether they make their arguments to the court successfully. In either case, legal guidance can be crucial in helping you pursue the financial remedies you may deserve.]]> On Behalf of Menees & Menees <![CDATA[Preparation is key for a successful divorce outcome]]> https://www.menees.law/?p=47174 2026-01-14T15:52:46Z 2021-03-15T19:09:03Z Three steps to prepare for divorce Knowledge is power, and in addition to working with an experienced divorce attorney, you can take some control of the process by educating yourself about your financial situation. This is especially important for spouses who do not usually handle the family finances. Three things you can do are: Take inventory: List all the accounts you and your spouse currently have separately and together. Get documents for all financial items, including:
  • Bank statements
  • Investment accounts
  • Retirement plans
  • Insurance policies
  • Real estate deeds
  • Mortgage documents
  • Personal loan documentation
  • Estate planning information such as wills and trusts
  • Credit card statements
  • List of marital and nonmarital property
  • Personal financial statements and balance sheets
Organize your documents: Once you’ve gathered this information, develop a system to help your lawyer and other advisors find the documents they need quickly and efficiently. This will save you time and money. One example is putting all homeownership paperwork together. Classify assets: Once you have identified and sorted these assets, it’s time to determine which property is subject to division. Missouri is a dual-property state, meaning all assets are broken down into marital and nonmarital property. All marital property is divided equitably, but that doesn’t mean it will necessarily be an equal split. Your attorney will help you classify complex assets, such as business interests, inheritance, retirement funds, or property owned prior to marriage.

Prepare for divorce as soon as possible

It’s crucial to identify these assets as soon as you know you are headed for divorce, especially if you don’t normally handle financial matters for the family. Controlling spouses will sometimes try to keep this information from being easily accessible once a divorce is on the table. Doing your homework about your finances ahead of time will help set you up for a fair and equitable outcome. Knowledge is power, and understanding your financial situation ahead of time not only gives you a picture of where you stand now but also for your new life. It can also provide added benefits by relieving some of the anxiety and stress that the process naturally creates.]]> On Behalf of Menees & Menees <![CDATA[Tricks insurance uses to minimize compensation]]> https://www.menees.law/?p=46946 2026-01-14T15:52:51Z 2021-03-08T20:06:28Z Catastrophic injuries are incredibly costly in terms of both health and finances. When it comes time for the liable party’s insurance to pay for the costs of an injury, getting that compensation is harder than one might expect. Insurance companies are a business like any other, and their primary goal is not to take care of people, it is to make money. Their premiums alone pulled in $1.22 trillion in 2018. This business-oriented mindset often results in insurers taking extra measures to minimize any payments they need to pay.

Insurance strategies

Insurers will say and do a lot to save money. If you are pursuing compensation for injuries, knowing what tricks insurance companies use can save you a lot of time and money. Common examples of these tricks include:
  • Claiming you do not need a lawyer: insurance companies will try and convince victims that they do not need an attorney. An attorney may be the only person you can count on to look after your best interests, which is why insurers want to keep lawyers out of things. You should never deal with insurance companies alone.
  • Forcing you to sign paperwork: insurers may pressure victims into signing paperwork in a hurry. This pressuring is a standard method of getting victims to sign away their rights to compensation or to force them into settling for a small payment. Do not sign anything without your lawyer reviewing the paperwork first.
  • Using vague phrasing: insurers will use phrases like “full coverage” to cause a victim to assume they are getting a better outcome than what is coming. An attorney can review the situation to determine if what insurers are saying is accurate.
If insurance companies are saying or doing something that makes you feel uncertain, follow that instinct, and speak to an attorney. When no one is present to regulate the insurer’s actions, things can turn ugly.

Do not let insurers get away with it

Insurance companies prey upon victims who take them at their word and accept the first offer they receive. Anyone has the right to negotiate for fair compensation, and having an attorney at your side can help you earn it.]]> On Behalf of Menees & Menees <![CDATA[3 post-divorce steps to manage your new financial reality]]> https://www.menees.law/?p=46803 2026-01-14T15:52:55Z 2021-03-01T19:27:16Z Getting a divorce is a life-changing decision. It will affect all aspects of you and your family's lives. Your spouse, your kids, even your dog's life will be different. While the beginning of your new life may be a difficult transition, expect it to get better as time goes on. The hope, especially if you have kids, is that you and your ex reach a mutually beneficial parenting plan and that your relationship with each other is amicable. The reality is that sometimes relationships are torn beyond repair. One relationship that you should always be working on improving is the relationship with your finances. We are all happier when we don't have to manage unsavory finances. Creating a budget is a great way to achieve a post-divorce financial piece of mind. To achieve this, consider following the three steps highlighted below.

1. List every income source and expense

Shying away from the word "every" won't help you here. Create two sections and list all of your income sources (job, alimony, child support, investments, savings) on the left side. On the right side, list every monthly expense (rent, mortgage, utility bills, loans, credit card payments, child care, food, education, gas, average extracurricular spending) and anything else that comes to mind. If you end up have disposable income after you have added up both sections, that's great, but always save room for an expense you might have missed or an unforeseen expense, like a car repair. If you do miss something, it'll arise at some point, and you can adjust your list and budget accordingly. If your expenses exceed your income, you'll have to get creative. The goal now is to increase income and downsize expenses. This could mean asking for more hours at work or looking for freelance work and side hustles to up your income stream. You could also consider downsizing your home or selling off assets you don't need. Even if you do have disposable income, finding ways to increase the numbers in your bank account is always beneficial.

2. Create a budget and track it

Once you have all income streams and expenses listed, it's time to create a budget and stick to it. It's hard to tell how you spend your money without creating and monitoring a budget over time. After a couple of months, it will become evident how your spending your money and a clearer picture of how to manage it will come into focus. 

3. Revise and pay (yourself)

Over and underestimations are common when you first begin budgeting but can arise at any time. As the budget ages, you'll start to notice trends in your spending and see where you can cut costs to stretch your income and possibly, identify opportunities to increase your income through investments, savings or other means. Make the budget work for you, not against you. Your divorce may have significantly trimmed your budget, but even if it's only a few dollars here and there, earmark some money for savings each month. Put the extra money into savings until you have built up a reliable nest egg (most experts advise you to build up enough savings for a 3-month hiatus). Knowing that isn't reasonable for every situation, make sure you have at least enough saved to cover an unexpected expense. Lastly, put the extra money toward a little fun, because we all need to stay sane, and begin to invest in your future.]]> On Behalf of Menees & Menees <![CDATA[Divorce, discovery and deposition]]> https://www.menees.law/?p=47271 2026-01-14T15:52:58Z 2021-02-25T16:28:40Z What is a discovery in divorce? When divorcing, you will need to divide your assets. To do so, you need to understand the full range of property you and your spouse hold. Discovery is the process of working that out. Only then can you begin to see which assets you need to divide and which stay as separate property belonging to one person only. You and your spouse need to produce any relevant documents related to asset ownership. If one of you does not give them willingly, the other party can ask the court to grant them access.

What is a deposition in divorce?

A deposition is a tool that an attorney can use to aid discovery. They ask you questions while a court reporter notes down in full the answers you give. Your attorney can seek a deposition from your spouse, and their attorney can take one from you. Depositions can help you discover all the assets as you take one under oath. So, if you think your partner is the real owner of that beachside holiday home they say belongs to their sister, your attorney can ask them. If they lie, you have a written record that they lied, which you could use against them during divorce proceedings. If they admit to owning it, it gets added to the pot of assets you may be entitled to a share of. A thorough discovery process is an essential part of your divorce. It helps you ensure your partner is not trying to hide assets from you and make sure the property division process is fair.]]> On Behalf of Menees & Menees <![CDATA[Surgeons must take care to tidy up after themselves]]> https://www.menees.law/?p=47267 2026-01-14T15:53:04Z 2021-02-17T19:16:58Z Surgeons sometimes leave objects inside patients Each year around 4,500 to 6,000 patients get home to find that medics have left a foreign body inside them. Some are soft such as sponges. Others are hard and metallic such as the clamps or forceps used in surgery. Having a foreign object inside your body can cause pain and discomfort. It can lead to a severe and life-threatening infection such as sepsis or even death. It depends on what the object is and where the medic left it. You might notice straight away, or it could take time. It may take repeated visits to a doctor until someone thinks to give you an X-ray and spots the reasons for your discomfort. Once discovered, you might need additional surgery to remove the offending item.

How can staff prevent retained surgical item events from happening?

There are several simple ways to reduce the chance a patient leaves the hospital with an object inside:
  • Limiting noise and distraction: Those in the surgery theater should switch phones off and keep music levels low.
  • Counting items: Some companies produce items used during surgery with bar codes to track whether surgeons have removed everything used. Staff should always avoid leaving the counting to one person. Recounts are essential.
Medical staff cannot afford to make mistakes in surgery. Therefore, hospitals need systems in place to catch these human errors. Failing to do so is negligent.]]> On Behalf of Menees & Menees <![CDATA[Financial organization is critical in a divorce]]> https://www.menees.law/?p=47223 2026-01-14T15:53:09Z 2021-02-15T17:40:07Z What financial aspects do I need to think about in divorce? Here are some actions to get you started thinking about your finances:
  • Find your assets: It can be hard to keep track of all you own if you distribute your wealth in different places. If your partner took charge of the finances, it could be harder still. Try to list bank accounts, investments, pensions, life insurance and retirement funds. Gather statements and account details. If you do not have access, request it from your spouse. Make sure you list items such as property, furniture and artworks. If you are unsure of values, hire an expert.
  • List your debts: In Missouri, courts split marital debts and assets using the rule of equitable distribution. That means fairly but not necessarily equally.
  • Make a budget: Whether you will be living alone or living with your children, you must ensure you will have enough money to do so. Check how much a smaller property will cost. Remember that costs per head for food and services will go up when there are fewer of you.
  • Calculate divorce costs: You will need legal representation and may need to contribute to legislative expenses. The more conflict is part of your divorce, the more it is likely to cost you. An attorney can suggest ways to make the process more efficient.
The better you prepare for divorce financially, the easier it should be after your marriage ends.]]>