LAW OFFICES OF KENNETH P. CARP

At the Law Office of Kenneth P. Carp, our lawyers offer dependable, practical and cost-effective legal advice and advocacy to every client we serve. We provide the following legal services: Real Estate, Estate Planning, Bankruptcy, Unemployment, Traffic, and more. We represent individuals, families and small businesses in Greater St. Louis, Lincoln County, and other Missouri communities. To learn about the scope of our practice and the way we attack clients' problems, contact us in Bridgeton or Clayton, MO for a free consultation.

The breadth of our practice represents a significant strength for the people we work with. Legal problems don't always respect neat legal categories. It helps to work with attorneys who know how different legal principles can affect complex problems. For example, our knowledge of bankruptcy can help clients who need assistance with mortgage foreclosure defense or debt relief options.

CONTACT:
Law Offices of Kenneth P. Carp
12800 Boenker Ln
Bridgeton, MO 63044
Phone: (636) 947-3600
Fax: (314) 942-3007
Email: kennethcarp@kcarplaw.com

Quit Your Job? You May Be Eligible For Unemployment

Generally speaking, people who lose their jobs through no fault of their own are eligible for unemployment benefits. If—instead of losing your job—you quit your job voluntarily, you will not be eligible for these benefits. The fact that you quit your job, however, doesn’t always mean that you lost eligibility for unemployment, as it may be the case that you were forced to quit due because of the conditions at your place of work. If you’re concerned about your unemployment eligibility, it’s always in your best interest to consult with an experienced unemployment attorney.

Constructive Discharge

As mentioned above, if you leave your position of employment to look for another job (or for many other reasons), you won’t be eligible for unemployment compensation. There are, however, exceptions to this rule. The legal concept of constructive discharge is one such exception, and it refers to working conditions that are so intolerable that you reasonably believe that you have no other option than to quit. In such circumstances, quitting your job amounts to an involuntary act.

There are a variety of situations that can rise to this level of intolerability:

Unlawful and persistent discrimination that’s based on gender, disability, age, race, national origin, religion, or any other class of protection
A hostile work environment
Retaliation that’s unlawful, including demotion, discipline, and other retaliatory actions to lawful behavior

You shouldn’t have to work in an environment that negatively affects to your well-being. If you’ve quit your job because the situation in which you worked became intolerable, you should discuss your eligibility for unemployment benefits with an experienced attorney as soon as you can.

The Potential for Additional Compensation

In some cases, a hostile work environment may also entitle you to bring a lawsuit for discrimination. These claims typically must be predicated on overt discrimination or sexual harassment. Some examples of the kinds of workplace issues that may entitle you both to unemployment benefits and making a discrimination claim include the following:

Sexually suggestive comments or jokes
Quid pro quo sexual discrimination (requesting or demanding sexual favors for job placement or advancement)
Threats or comments based on your race, color, or national origin
Retaliation for participating making a complaint regarding discrimination or participating in a discrimination investigation

If You’re Concerned About Unemployment Benefits, Consult an Experienced Unemployment Lawyer Today

Your job is a big part of your life, and you no doubt take considerable pride in your work. If the situation at your place of employment becomes so intolerable that you feel you have no option other than to quit, it represents a very upsetting turn of events. Many people who feel forced by circumstances to quit their jobs believe that they have no recourse, but that’s not necessarily true.

The Law Offices of Kenneth P. Carp in St. Louis and St. Charles understands just how stressful these situations can be, and our dedicated unemployment attorneys are committed to aggressively advocating for your rightful unemployment benefits. We’re here to help, so please contact or call us at (636) 947-3600 today.

The Basics Of Forming A Trust In Missouri

A trust is a legal instrument that allows a trustee to hold legal title to someone else’s property—who identified as the beneficiary. You can even be the trustee of your own trust, which allows you complete control over all the property held in that trust. A living trust (an inter vivos trust) refers to a trust you create while you’re alive—instead of one that is created at your death and under the terms of your Will. One of the main benefits of living trust spares your family the cost and delay of going through probate court upon your death.

Missouri’s Probate Process
Because Missouri doesn’t employ the simplified probate process that’s known as the Uniform Probate Code, it’s in your best interest to create a living trust in avoidance of the state’s complex probate system. While a living trust expedites the process, you still need a Will, which represents your official backup plan. Without a Will, any property that isn’t represented in your living trust—or via another means—will be divided among your closest relatives in accordance with Missouri’s laws.

Reducing Estate Tax?
Typically, a basic living trust doesn’t affect any federal estate tax that applies. While there are more complex trusts that can reduce such taxes, these tools generally apply only to the wealthiest. Further, federal estate taxes apply only to those estates that weigh in at more than $5 million.

Your Missouri Living Trust
If you’re considering a living trust—or think it might be right for your family—it’s time to consult with an experienced Missouri estate planning attorney. Your dedicated lawyer will guide you through the process of creating a trust document that designates you as trustee of the property you put in trust and that designates exactly whom will inherit that property. As with most legal issues, the process is exacting, and because you want to get it right, it’s in your and your family’s best interests to hire an experienced Missouri estate planning attorney.

How to Form a Living Trust in Missouri
Forming a living trust in Missouri is a complicated process. To ensure that yours adequately reflects your wishes, however, the best practice is to employ experienced legal counsel. The basics include that you—as the trust creation—place property into the trust and identify the beneficiaries of the trust. In addition, you can place certain restriction or conditions on when and how the beneficiaries will receive trust distributions, ensuring that your hard-earned assets do not go to waste in the future.

If You Have Questions About Forming a Missouri Trust, Consult a Skilled St. Louis and St. Charles Area Estate Planning Attorney Today

A trust represents an important estate planning tool, and at the Law Offices of Kenneth P. Carp in St. Louis and St. Charles, we’re prepared to help you create a trust that best serves your and your family’s unique situation. We’re here to help, so please contact or call us at (636) 947-3600 today.

Should You File For Chapter 7 Or Chapter 13?

Considering bankruptcy is always a difficult process, but it’s important to remember that bankruptcy is a legal financial tool and nothing more. It’s not a personal indictment of you or your financial responsibility. Choosing the form of bankruptcy that best suits your needs is an important part of the process. While it’s always in your best financial interests to obtain experienced legal counsel, it can help to understand the basics of Missouri bankruptcy law before your first meeting with an attorney. Here are some basics about the two most commonly filed forms of consumer bankruptcy, Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy

The vast majority of Missourians contemplating bankruptcy are best served by a Chapter 7 filing, which is designed to simply eliminate the burden of your debt (without the obligation of paying it back). There are several advantages to such a Chapter 7 filing:

After your bankruptcy’s discharged, you’ll be awarded a fresh start—you’ll only be responsible for debts you’ve chosen to exclude from your bankruptcy or those that are non-dischargeable.
Upon your filing date, you’ll be protected from debt-collection attempts and wage garnishments.
Your post filing-date earnings and acquired property—other than inheritances—will be yours alone (and not your creditors’ or the bankruptcy court’s).
There’s no minimum debt requirement, and your case will likely be fully discharged in as little as three to six months.

There are a few disadvantages to a Chapter, however, including:

You’ll lose all non-exempt property, which will be sold by the trustee.
The automatic stay created by a Chapter 7 filing is only a temporary defense against foreclosure on your home.
Unless they also file for bankruptcy, your loan co-signors will be stuck with your excised debt.
The bankruptcy will remain on your credit report for seven years.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy, on the other hand, is the only option if you’ve fallen behind on your mortgage or business payments and are fighting to keep your hard-earned property. A successful Chapter 13 filing will allow you to make your overdue payments over time and to bring your original mortgage agreement back into play. In short, if you have valuable property that’s not covered by Chapter 7 exemptions, a Chapter 13 filing is generally the way to go. While you will likely need to pay more than you would if you filed for Chapter 7, a Chapter 13 bankruptcy has several advantages:

You can keep all your property—if you can meet the agreed-upon payment plan.
Your debts may be reduced, and this filing includes some unique dischargeable debts.
If your filing includes full payments, your co-signors are immune.
As long as you meet the terms of your plan, you’ll have immediate protection against foreclosure.

If You Face a Missouri Bankruptcy Filing, Consult an Experienced Bankruptcy Lawyer in the St. Louis and St. Charles Area Today

Choosing to pursue a Missouri bankruptcy is a difficult decision, but the right filing can help you discharge burdensome debt and move forward financially. At the Law Offices of Kenneth P. Carp in St. Louis and St. Charles, we have the experience, skill, and determination to help you regain control of your finances and to get on with your life. We’re here to help, so please contact us or call us our office at (636) 947-3600 today.

Amending Your Trust The Right Way

You’ve put in the time and effort to create a legal trust that’s an effective tool for you right now, but what happens as your circumstances evolve? It’s something to think about, and a somewhat-recent case in Missouri highlights the importance of the issue. When it comes to your trust, don’t leave anything to chance; instead, consult an experienced estate planning attorney in the St. Louis area.

The Case

In 1996, Dr. Conklin—in anticipation of a cross-country trip with his wife—added some handwritten changes to his trust. While the couple survived the trip quite nicely, when the good doctor did die in 2009, things got complicated. The changes that Conklin had intended and added to his trust involved the inclusion of his stepchildren. Ultimately, however, the Missouri Supreme Court found that Dr. Conklin’s trust wasn’t effectively amended.

Amending Your Trust

If you need to amend your trust as your circumstances change, it’s important to ensure that your intent will be upheld. Toward this end, there are several important factors to consider:

What kind of trust do you have? It’s necessary to have a good working understanding of your trust. If your trust is revocable, it means that you can alter it at any time for any reason. If your trust is irrevocable (which is usually implemented for reasons of asset protection) it is more difficult and more complicated to modify. Either way, however, it’s always best to consult with an estate-planning attorney to protect your intentions.
Be clear and specific. If you determine that it’s time to amend your trust and that there is a pressing need to get it done quickly, make sure that your amendment is as explicit as possible and share your intention with the trustee. The fact that Dr. Conklin’s letter was never delivered (or simply mailed) to the trustee worked against his intentions. In your amendment, state the specific date that the change goes into effect and directly declare that the change isn’t simply a wish or desire—but instead is clearly intended to alter the terms of the original trust. You have good reasons for wanting to amend your trust, and it’s therefore worth taking the time to get it done right by consulting with a skilled estate-planning attorney.
Get it right the first time. A well-designed trust document should allow for you to take into consideration the changes you experience as your life evolves, including any future children and newly acquired property. Further, there are tax consequences for certain kinds of alterations. Get your trust right the first time by seeking the legal guidance of an experienced estate-planning attorney.

Consult an Experienced Estate Planning Attorney in the St. Charles and St. Louis Area Today

Whether you need to create or amend a trust document, the Law Offices of Kenneth P. Carp in St. Louis and St. Charles understand the significance of your intentions and are dedicated to helping you effectively and efficiently get the job done. We’re here to help, so please contact or call us at (636) 947-3600 today.

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The Myths Of Bankruptcy

If your debts are becoming insurmountable, it can be financially and emotionally debilitating. Many people who suffer from such debt, however, are too leery of the perceived stigma of bankruptcy to even consider implementing this important legal tool. Bankruptcy comes in a variety of forms to meet a variety of financial needs, but first, there are several myths associated with bankruptcy that are important to dispel:

Bankruptcy proves financial irresponsibility. This is the most prevalent and most hurtful myth associated with bankruptcy. Life happens, and sometimes this includes events that are financially devastating. Bankruptcy is not a moral or ethical issue; instead, it’s simply a legal tool. In fact, the primary causes of personal bankruptcy are generally considered to include medical expenses (even for those with medical insurance), job loss, divorce, and unexpected expenses like those brought on by theft or damage caused by extreme weather. Usually, such events are far beyond our personal control—and any of them can lead to bankruptcy. Bankruptcy is not tantamount to an admission of irresponsibility but instead is an important legal mechanism that can help you climb out of a financial hole.

Bankruptcy is a total do-over. While bankruptcy can help you get a fresh financial start, it does not eliminate every kind of debt. There are different forms of bankruptcy that accomplish a variety of financial goals. In general, a Chapter 7 bankruptcy will discharge most unsecured debts (including medical bills, personal loans, credit card bills, and most civil judgments), but won’t discharge secured debts on anything that you intend to keep, such as a car or home. A Chapter 13 bankruptcy, on the other hand, may help lower the interest rate you pay on that car or even keep it from being repossessed. Bankruptcy law is complicated and nuanced; if you’re in financial trouble, consult with a skilled bankruptcy attorney.

Bankruptcy destroys your credit. Bankruptcy does not permanently destroy your credit. It’s as simple as that. While it will take time to refresh your credit score, a bankruptcy is often the fastest route to improving such a score. After all, if your circumstances have led you to a financial tough spot, your credit score either already has taken or soon will take a hit. Digging out from under a low credit score can be an arduous process, but bankruptcy will halt further negative credit reporting and will provide you with an expedited path to improved credit.

Consult a Skilled Bankruptcy Attorney in the St. Louis and St. Charles Area Today

If you’re facing financial difficulties that leave you anxious and overwhelmed, it’s time to discuss bankruptcy with an experienced bankruptcy lawyer. At the Law Offices of Kenneth P. Carp in St. Louis and St. Charles, we’re sensitive to the stigma often associated with bankruptcy—and we’re here to help. We’ll work with you to ascertain your financial situation and needs and will help effect a bankruptcy that allows you to move forward. The sooner you get started, the more quickly you can overcome your financial hardship, so please contact or call us at (636) 947-3600 today.

The Top Three Reasons People Put Off Estate Planning

You probably understand how critical estate planning is for your family’s future, but it’s nonetheless one of those things that many people find many reasons to put off—sometimes, indefinitely. Putting in the time and effort to effectively plan your estate, however, can go a long way towards protecting your family’s future finances and can allow you the peace of mind that comes with being well prepared. An experienced Estate Planning attorney in the St. Louis area can help you confidently accomplish this important task.

What’s Your Reason for Delaying?

People have a lot of reasons for putting off estate planning—after all, it’s not an upbeat topic, and it may seem easier to ignore than to tackle. There are three delay tactics that are especially common:

I’m not rich. The very word, estate, evokes visions of great wealth, but don’t let the name fool you. Estate planning is about planning how your possessions (your estate) will pass to your family in the future. These possessions include your home, and the process of planning for their passage is important for people who are anywhere on the spectrum of wealth—and not just for the very wealthy. Finally, if your possessions pass on to your family without your direction, an even larger percentage (of a smaller estate) will be gobbled up by probate costs, which will directly affect your family’s finances. By planning carefully with an experienced estate planning attorney, you’ll feel comfortable knowing that you’re leaving your family exactly what you intend to—and have worked so hard to—leave them.

I’m too young. This excuse lulls a lot of people into putting off their estate planning until they’re nearing retirement, but that doesn’t make it an ideal approach. The future’s not ours to see, and planning your estate now—and tweaking those plans as and when your circumstances change—is the best way to assure that your family will receive what they’re entitled to (with the least amount of complicated paperwork and maneuvering) when the time does come. Put simply, this peace of mind is invaluable.

I have no idea where to begin. Many people put off estate planning because they simply don’t know how to get started. Begin at the very beginning by consulting with an experienced estate planning attorney—who will work with you to assess your needs and to effectively and efficiently create a plan that protects your family’s future and that allows you to put that worry out of your mind and to enjoy your family in the present.

Contact an Experienced Estate Planning Attorney in the St. Louis and St. Charles Area Today

Your family’s financial future is far too important to leave to chance. At the Law Offices of Kenneth P. Carpin St. Louis and St. Charles, we understand the critical importance of effective estate planning. We’ll work with you to craft a comprehensive estate plan that benefits and protects your loved ones’ financial future. We’re here to help, so please contact or call us at (636) 947-3600 today.