Question 1

What is a deed of trust in Missouri?

Accepted Answer

Missouri uses deeds of trust rather than traditional mortgages for most real estate financing. A deed of trust involves three parties: the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee). If the borrower defaults, the trustee can conduct a non-judicial foreclosure sale, which is generally faster than judicial foreclosure. This system affects how real estate documents are drafted and the rights of borrowers and lenders. Understanding the deed of trust system is essential for anyone involved in Missouri real estate transactions.

Question 2

How do I form an LLC in Missouri?

Accepted Answer

To form an LLC in Missouri, file Articles of Organization with the Missouri Secretary of State and pay a $50 filing fee. You must designate a registered agent with a Missouri address. Missouri LLCs do not have an annual report requirement (though some entity types do). An operating agreement is not required to be filed but is recommended. Missouri's low formation costs and minimal ongoing compliance make it an accessible state for small business formation.

Question 3

What are Missouri's landlord-tenant laws?

Accepted Answer

Missouri's landlord-tenant laws (RSMo § 535) provide a basic framework, though they are less comprehensive than many other states. There is no statutory cap on security deposits, and there is no statewide requirement for landlords to pay interest on deposits. Landlords must return deposits within 30 days after lease termination. Missouri does not have a statutory implied warranty of habitability for all rental housing, though some municipal ordinances (such as in St. Louis and Kansas City) provide additional tenant protections. Written lease agreements should address maintenance responsibilities and deposit handling explicitly.

Question 4

What are the requirements for a valid will in Missouri?

Accepted Answer

Under Missouri law (RSMo § 474.320), a valid will must be in writing, signed by the testator, and attested by two competent witnesses who sign in the testator's conscious presence. The testator must be at least 18 years old and of sound mind. Missouri does not recognize holographic (handwritten, unwitnessed) wills. Self-proving affidavits are available. Missouri has a statutory spousal share (elective share) that allows a surviving spouse to claim a portion of the estate regardless of the will's provisions.

Question 5

Is Missouri a right-to-work state?

Accepted Answer

Yes, Missouri became a right-to-work state through a legislative process, though the law's implementation involved a referendum. The right-to-work law (RSMo § 290.590) prohibits requiring employees to join a union or pay union dues as a condition of employment. This affects employment agreements, collective bargaining contracts, and union security clauses in Missouri. Employers should ensure that employment documents comply with right-to-work provisions and do not condition employment on union membership or fee payment.

Property Division	Equitable Distribution
At-Will Employment	Yes (right-to-work state)
State Income Tax Rate	2% - 4.8% (reducing over time)
Statewide Rent Control	No
LLC Formation Filing Fee	$50
Minimum Wage	$13.75/hr (adjusted annually)
Online Notarization	Allowed
State Bar Association	https://www.mobar.org

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