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Missouri Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I live with and care for my grandfather. He has no will. How do I keep living in his house? What do I do?

No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:

I am POA medically and financially for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: If my debts exceed the value of my estate at the time of my death will my brother be held accountable for the difference

I have no other family and we both live in Missouri.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Your surviving family will not inherit your debt. But your remaining assets must be used to pay any debt you leave behind.

2 Answers | Asked in Estate Planning for Missouri on
Q: If I die, is my brother responsible for any debts that I incurred while alive? We both live in Missouri.

I just want to make sure I take out an insurance policy to keep from him having to bear any burden.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 31, 2020

When you die, whatever assets are in your estate will be used to pay your debts first. Family members are not responsible for your debts.

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 23, 2020

There is no estate tax in Missouri.

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1 Answer | Asked in Estate Planning for Missouri on
Q: My husband passed away, the estate is insolvent

My husband passed away, the estate is insolvent. I had to sell the house and pay the mortgage company and some extra bills. There is money left over after paying off the mortgage bill and the other bills. My question is if there is any way I can keep a portion of that money. They are other... Read more »

Joseph John Piatchek
Joseph John Piatchek answered on May 5, 2020

To fully answer the question, I have several questions that would need to be answered. How was the house titled,k in his name only, or both your names as husband and wife? Was an actual estate opened on his behalf in your local county probate court on his behalf, or not? Who are these other... Read more »

1 Answer | Asked in Estate Planning and Banking for Missouri on
Q: COVID19 stimulus check made to both me and spouse arrived, he died 3 months ago,how/can I cash this check?

Ss admin was notified, his bank account closed out, no 2019 taxes filed yet, and no probate case opened at this time. This check is similar to tax refund checks I fear and require all parties endorse. Help!

Joseph John Piatchek
Joseph John Piatchek answered on May 5, 2020

May likely require filing a case with the local county probate court where you live. There are several ways this can be done, perhaps even a "small estate", among other ways. In any event, you likely need some sort of authority to sign on his behalf, and probate courts is where you can... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on
Q: when will the state take assets?

My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2020

Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.

This is so sad because, had your mother or, even...
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1 Answer | Asked in Estate Planning for Missouri on
Q: If someone uses power of attorney how long is it good for and can that person change estate planning on person that it c
Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

A power of attorney is good until revoked. However, may financial institutions have policies that place time limits on them. For the agent designated in the power of attorney to be able to amend estate planning documents of the principal, the power of attorney needs to VERY SPECIFICALLY grant... Read more »

2 Answers | Asked in Estate Planning, Collections, Identity Theft and Internet Law for Missouri on
Q: Is it legal for a lawyer to ask for a SSN online through an email address?

My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 21, 2020

Two things.

1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... Read more »

2 Answers | Asked in Estate Planning and Banking for Missouri on
Q: If I accidentally deposit money in a UTMA can I fix my mistake or is it irrevocable?

A few days ago I accidentally deposited some money in my daughter’s UTMA and bought some stocks with it before I realized my mistake. Can I sell the stocks and withdraw the money or is it now irrevocable her money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 8, 2020

Generally speaking, any deposits to a UTMA account by a parent are irrevocable. You should consult an attorney in your area to discuss the details to be sure.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I live in Missouri, and I am named as the personal representative in my deceased mother’s will. She left her house to

me and my brother. (We are 2 of 4 siblings.) A Beneficiary Deed in my brother’s and my name was filed with the county back in the 80’s when she created her will. The house was subsequently condemned due to a foundation problem and demolished. Ultimately, the lot was put up for sale in the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 4, 2020

Generally speaking, in Missouri, no probate has to be filed in the total value of the deceased's estate is under $30,000. If that is the situation with your mother it is not likely you need to probate her estate. You should consult with an attorney and go over the details of your mother's... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: I was financial POA for brother. I believe it terminates upon his death. However, I need it to pay medical

The last line of termination states upon my death this power of attorney shall terminate upon actual knowledge or receipt of written notice therefore by the agent.explain please

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 20, 2020

You are correct that the financial POA terminated on the death of your brother. If you do not have any joint accounts to pay the bills with you should notify the billing companies that he is deceased and you have no way to pay his bills. If his assets are substantial enough you can probate his... Read more »

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Me and my siblings were all notified about a distant relative passing away and that she didn't have a will.

Me and my sister obtained a lawyer but our brother did not. Is he now excluded from any inheritance or would the estate be equally distributed?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 6, 2020

The relatives estate will be distributed to his or her heirs regardless of whether they are represented by an attorney.

1 Answer | Asked in Estate Planning for Missouri on
Q: Can a lawyer make you send estate money back if he overwrote the check and it’s already cashed?

My fathers estate was split 6 was between my siblings and myself. He sent out 6 checks written over $3,000 more than was in the account. Everyone else cashed theirs and mine was denied for insufficient funds. He is now requesting my siblings to return $3,000 each. Can he legally make them do this?... Read more »

Todd Miller
Todd Miller answered on Dec 20, 2019

Yes. If the money was never yours to enjoy, the mistaken draft can be terminated and funds requested. For example, if a bank deposits one million in your account by mistake, the funds aren't actually yours.

2 Answers | Asked in Probate and Estate Planning for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I own my property,can I download a living will and have it notarized and it be legal ,also I get Medicaid and food stamp

Can state take my property if I have a will ,just trying to look what I should do? I’m live in Illinois

Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A living will specifies in advance how a person wants medical treatment to be administered if they are permanently unconscious or terminally ill and therefore unable to express their wishes. A living will can cover topics such as whether or not you wish to be resuscitated if you stop breathing or... Read more »

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