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Questions Answered by David S. Schleiffarth
1 Answer | Asked in Estate Planning for Missouri on
Q: My grandfather recently passed away in Missouri, my mom is still apart of his will even though she died 7 years ago.

Will her share go to her older children?

David S. Schleiffarth
David S. Schleiffarth answered on Nov 27, 2020

This depends entirely on the language of the Will.

Frequently, the children would be next in line (each receiving an equal share), but without reading the Will there is no way for me to know.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... Read more »

David S. Schleiffarth
David S. Schleiffarth answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My mother passed away in nov. 2018, there is my sister, brother and me. My sister was POA. Also she was The executor. My

mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... Read more »

David S. Schleiffarth
David S. Schleiffarth answered on Aug 20, 2019

For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.

*This response is the opinion of the author and is intended for educational purposes only. It does not constitute legal advice, nor does it...
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1 Answer | Asked in Estate Planning for Missouri on
Q: I need to get a lawyer to set up access to my bank account to a beneficiary should I pass away. How do I do that?
David S. Schleiffarth
David S. Schleiffarth answered on Jul 17, 2019

One option is to have an Estate Planning attorney create a Revocable Living Trust. Many clients concerned with the transition of property and assets upon death find it beneficial to transfer ownership of personal property (including bank accounts) and/or real property into a Revocable Living Trust.... Read more »

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