Farm Silos
10 Jul
Litigation

Hannam Law Secures $1.2M Settlement

Hannam Law Firm is proud to have represented Majestic Milling Company, LLC in a significant Missouri contract dispute involving the procurement and sale of organic soybeans. In Majestic Milling Co., LLC v. River Valley Ag Exchange, LLC, the Missouri Court of Appeals affirmed judgment in favor of Majestic Milling, recognizing River Valley’s breach of contract and breach of the implied covenant of good faith and fair dealing. The dispute arose from a fixed-price soybean supply agreement under which River Valley agreed to use its best efforts to procure and sell soybeans to Majestic Milling in specified quantities and at agreed-upon prices. When market prices rose, River Valley delivered only a fraction of the contracted soybeans, failed to provide the required insufficient-supply notice, and charged above-contract prices for certain deliveries while Majestic was forced to obtain replacement soybeans from other suppliers. The Court of Appeals rejected River Valley’s argument that the contract excused its nonperformance merely because market prices increased. The court concluded that soybeans remained available in the marketplace and that a price increase did not make River Valley “unable” to supply the contracted goods. The court further held...

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Boys playing basketball in wheelchairs
27 May
Elder Law

Special Needs Trusts in Missouri: Protect Government Benefits and Plan with Peace of Mind

Families in Missouri caring for a loved one with a disability often face the difficult challenge of planning for their future without disrupting critical public benefits like Medicaid or Supplemental Security Income (SSI). Even modest gifts or inheritances can unintentionally disqualify someone from these essential programs. A Special Needs Trust (SNT) is a legally recognized way to set aside money or property to enhance a person’s quality of life without disqualifying them from means-tested benefits. At Hannam Law, we help Missouri families create and manage Special Needs Trusts tailored to their specific needs and goals. We guide you through the options: Types of Special Needs Trusts: First-Party Special Needs TrustFunded with the beneficiary’s own assets (e.g., from a personal injury settlement or inheritance). Required to include a Medicaid payback provision upon the beneficiary’s death. Third-Party Special Needs TrustFunded by someone else—typically parents or grandparents—as part of an estate plan. This trust does not require a Medicaid payback and can direct remaining funds to other heirs. Pooled TrustManaged by a nonprofit organization, a pooled...

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House protected by a fence
27 May
Elder Law

Is a Medicaid Asset Protection Trust Right for Your Family?

In Missouri, the cost of nursing home care can exceed $7,500 per month—and those expenses add up quickly. While Medicaid can help cover long-term care costs, many individuals are disqualified due to owning too many assets. Worse, Medicaid may attempt to recover those costs from your estate after you pass away. A Medicaid Asset Protection Trust (MAPT) is a powerful legal tool that allows you to shield your assets from Medicaid spend-down requirements while preserving them for your loved ones. At Hannam Law we help Missouri residents set up MAPTs as part of a proactive long-term care strategy. Here's how it works: Assets placed in a MAPT are no longer counted for Medicaid eligibility, provided the trust is created and funded at least five years before applying for benefits (due to the "five-year lookback" rule). If your home is placed in the trust, you retain the right to live in your home. Unlike giving assets directly to family members, a MAPT provides protection from their creditors, divorces, or financial mistakes. Upon your passing, assets in the trust...

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Pushing an elderly woman in a wheelchair in a meadow
27 May
Elder Law

Planning for Nursing Home Care: Protect Your Assets Before It’s Too Late

Nearly 70% of Americans over the age of 65 will need some form of long-term care—and for many, that means a nursing home stay. With the average cost of nursing home care now exceeding $8,000 per month, even a short stay can quickly drain a lifetime of savings. Many families are shocked to learn that qualifying for Medicaid—the government program that helps cover long-term care costs—is far from simple. Strict income and asset limits apply, and even once approved, the state may attempt to recover benefits paid from the individual’s estate after death. At Hannam Law we help families navigate these challenges with two key planning approaches: Advance PlanningWith enough lead time, we can help protect your assets through strategic transfers and trusts. By planning at least five years before nursing home admission, you can preserve your wealth while still qualifying for Medicaid when the time comes. Crisis PlanningEven if a loved one is already in a nursing home or needs care soon, it’s not too late. Our attorneys guide families through the Medicaid “spend down” process by converting countable assets...

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02 Dec
Estate Planning

What are my Duties as Agent under a Power of Attorney?

Part 1 - What are my Duties as Agent under a Power of Attorney?  When you agree to serve as an agent under a Missouri power of attorney (POA), you take on serious legal and ethical responsibilities. Missouri law, specifically RSMo Section 404.714, outlines the duties of an agent and establishes penalties for bad faith actions. Failing to act appropriately as an agent can result in significant legal and financial liability. In this blog, we’ll explore the key duties of an agent under a Missouri POA and the potential consequences of acting in bad faith. Duties of an Agent Under Missouri Law 1. Act in the Principal’s Best Interests The agent must act in good faith and prioritize the interests of the principal (the person granting the POA) above their own. Decisions must align with the principal’s expressed wishes and objectives, as outlined in the POA document. 2. Follow the Terms of the POA

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28 Nov
Estate Planning

Powers Requiring Express Authorization in a Missouri Power of Attorney

In Missouri, a power of attorney (POA) is a critical document that allows a person (the principal) to designate another individual (the agent) to act on their behalf. However, under RSMo Section 404.710, certain powers are so significant that they must be expressly granted in the POA document for the agent to exercise them. If these powers are not specifically included, the agent lacks the authority to perform these actions. Here’s a breakdown of the powers that must be expressly granted in a Missouri POA: 1. Creating, Amending, or Revoking a Trust To create, modify, or revoke a trust on behalf of the principal, the POA must explicitly authorize the agent to do so. Trust-related actions often involve substantial financial and legal implications, making it essential for the principal's intent to be clear. 2. Making or Revoking Gifts The agent cannot make or revoke gifts of the principal's property without express permission. This includes gifts to family members, charities, or other beneficiaries. Such powers must be explicitly outlined in the POA to prevent unauthorized...

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22 Nov
Estate Planning

Understanding Guardianship and Conservatorship in Missouri

In Missouri, a guardian or conservator is appointed by the court to help individuals who cannot make important decisions for themselves due to a disability, illness, or incapacity. A guardian manages personal affairs, such as healthcare and living arrangements, while a conservator handles financial matters. When Is a Guardian or Conservator Needed?Guardians or conservators are typically needed when an adult cannot make sound decisions or protect their health, safety, or finances due to mental or physical limitations. The person who needs the guardian or conservator is called a "ward" Who Can Serve?Relatives, friends, or professionals can serve as guardians or conservators if they meet qualifications set by the court. They must be over 18, of sound mind, and without conflicts of interest. How to ApplyTo apply, file a petition in the local probate court. You must provide evidence of the person’s incapacity, such as medical records or statements from healthcare providers. A court hearing will determine the need for guardianship or conservatorship. The court will also determine if the ward should retain the right to marry, vote or drive. If the...

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15 Apr
Litigation

Real Estate Litigation

Our homes and real estate tend to be a significant part of our investments and assets. Sometimes despite doing their due diligence, owners discover discrepancies in their title or legal descriptions, hidden defects in their homes and other structures, and misrepresentations in the disclosures and statements on which they relied in making their purchase. If there is a dispute regarding your real property. Call Hannam Law to assist you. Hannam Law has also successfully represented clients in boundary disputes, trespass claims and ejectment actions. If you have a real estate dispute in St. Charles, St. Louis or the surrounding areas, call or email Hannam Law for a consult today. The preceding article is for information purposes only and is not intended to be legal advice.

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15 Apr
Litigation

Contract Disputes

It's a fact. Deals often do not turn out as we expected. Parties break their promises, resulting in lost profits, broken relationships and missed milestones. Hannam Law has experience representing individuals and businesses in breach of contracts litigation. We will give you an honest assessment of your case and work with you to achieve the optimal solution for you and your business. If you have a contract dispute in St. Charles, St. Louis or the surrounding areas, call or email Hannam Law for a consult today. The preceding article is for information purposes only and is not intended to be legal advice.

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14 Apr
Estate Planning

LIVING WILL

A living will is a declaration expressing an individual’s desire that certain death-prolonging procedures be either withheld or withdrawn. Missouri law requires a living will to be dated and signed before two persons if not entirely in the declarant’s handwriting.  Hannam Law strongly recommends that individuals consider executing before hospitalization or surgery. Individuals wishing to provide broader instructions (which apply beyond death-prolonging procedures) should consider advance directives.  These are documents which instruct that in the event the individual becomes incapacitated, certain treatments should be withheld or withdrawn, such as artificially supplied nutrition or machinery which would maintain them in a persistent vegetative state. The preceding article is for information purposes only and is not intended to be legal advice. For help with a guardianship or conservatorship, please consult a Missouri probate attorney such as Hannam Law.

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