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I purchased my home before getting married, and the deed lists me as the owner with my 'friend, Joe Smith' as the beneficiary upon my death. We married in November 2021. I want to update the deed to reflect his status as my husband. How can I update this to prevent any potential future... View More 
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answered on Jun 11, 2025
You will need to consult with a MO attorney to draft that deed. You might convey to both of you as husband and wife. But if what you state is true, either him or his heirs still take at your death, period. That is probably not what you want. So consult with a MO attorney, and I suggest both... View More
I am my father's financial power of attorney after he had a stroke. The document grants me the ability to handle his finances without any specific restrictions. He is currently living with my brother, while I live in my father's home in Missouri. I'm concerned about my brother’s... View More
answered on Jun 6, 2025
Is your father benefiting from your use of those utilities in his home while he lives elsewhere? No, so you shouldn’t be using his money to pay for them. Incidentally, are you paying rent for your use of your father’s home? If not, then you are depriving your father from the rental income he... View More
I am my father's financial power of attorney after he had a stroke. He is currently living with my brother, while I continue living in my father's home in Missouri. The power of attorney document grants me the ability to handle his finances. However, I'm concerned my brother may not... View More
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answered on Jun 10, 2025
You're asking a fair and thoughtful question, and it shows you're trying to do the right thing under complicated circumstances. As your father’s financial power of attorney, you have a legal duty to act in his best interest. Paying the utilities on a home he still owns can be seen as... View More
I have an outdated will that needs to be updated. It was written long before I was widowed over 17 years ago. Since then, my financial situation has changed significantly, and I want to ensure my wishes are carried out for my two daughters and three grandchildren. Additionally, I do not have any... View More
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answered on Jun 12, 2025
To update your outdated will and establish medical directives, you should begin by gathering your current financial information, including assets, debts, and beneficiary preferences for your daughters and grandchildren. A basic will update typically costs between $300 to $1,200, while a... View More
I'm the beneficiary of a written land trust agreement, signed and notarized in Jackson County, Missouri. I'm facing a breach of fiduciary duty by the trustee. The trustee's agent has made a false police report, claiming I am mentally ill and attempted to harm them. The police... View More
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answered on Jun 7, 2025
Given your situation, it’s important to act quickly to protect your interests as a beneficiary. If you believe the trustee and their agents are breaching fiduciary duties or engaging in misconduct, you have the right to bring these concerns before the court. Document every incident, including... View More
What is the Missouri case law or precedent that supports Missouri courts having jurisdiction over a claim against a Missouri trustee for fraud relating to a British Columbia trust agreement? The issue involves a breach of fiduciary duty where the trust agreement was signed and notarized in... View More
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answered on Jun 7, 2025
If you're dealing with a Missouri trustee who is alleged to have committed fraud in connection with a British Columbia trust agreement, Missouri courts may still have jurisdiction under certain circumstances. When the trust agreement was signed and notarized in Missouri, and the trustee is... View More
My husband has established a trust with his son as the co-trustee. We have a prenuptial agreement that stipulates I will receive a financial settlement upon his death or in the event of a divorce. There is no specific clause in the prenup regarding the trust, but there have been two modifications... View More
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answered on May 15, 2025
Your concerns are completely valid, especially when someone with control over the trust—like your husband's son—may have personal motives that conflict with your legal rights. A prenuptial agreement is a binding legal contract in Missouri, and its terms are enforceable as long as it was... View More
My father, who is 94 years old, has been exhibiting signs of confusion constantly, especially since having Covid multiple times. Despite having a power of attorney in place, he insists on living alone and often forgets important appointments, such as missing a recent doctor's appointment. I am... View More
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answered on May 14, 2025
What you're feeling is completely understandable—watching a loved one become more confused and vulnerable is heartbreaking, especially when they insist on maintaining their independence. Having power of attorney means you have the legal authority to act on your father's behalf when... View More
I'm concerned about whether it's a violation of FOIA to release non-government federal information involving private individuals and trusts. If such information is opened under FOIA, is the person’s information still considered private?
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answered on May 15, 2025
You’re right to be cautious when it comes to privacy and public records. Under the Freedom of Information Act (FOIA), only federal agency records can be requested—not personal records held by private individuals or non-government entities. However, when personal information appears in... View More
I am concerned about a trust mentioned in my deceased grandmother's will. My sister, who is not sharing any details, is involved in managing the trust. I believe I am a beneficiary, but I am not receiving what was left to me. The will might have been probated, but I have no information on it.... View More
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answered on Apr 16, 2025
You have a legal right to know if you are a beneficiary of a trust, especially if it was created under your grandmother’s will. If the will was submitted to probate, it becomes a public record. You can contact the probate court in the county where your grandmother lived at the time of her death... View More
My husband has a trust fund, and I signed a prenup that specified a particular amount I am to receive as a specific bequeath. Due to concerns about the actions of my husband's daughter and son, should my portion of the trust be kept in a separate account to ensure its protection?
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answered on Apr 12, 2025
Separating your designated portion of the trust into a distinct sub-account provides significant protective advantages, creating both clearer documentation and enhanced safeguards against potential interference. Trust law generally permits segregated accounting within broader trust structures,... View More
My siblings and I have inherited a family farm in a trust after our parents passed away. One brother, who is also an heir, has established residency to manage and maintain the property. However, our sister, who has mostly moved out, remains confrontational, attempting to start physical fights and... View More
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answered on Apr 6, 2025
A Partition Action may be in order. Contact a MO attorney.
I have a revocable trust set up to ensure my assets, such as my house and bank accounts, are passed to my adult children without the need for probate. I am wondering if there are any benefits to having a will in addition to my trust, especially given that I have no minor children. Is a will... View More
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answered on Apr 12, 2025
Even if you have a revocable trust, it can still be beneficial to have a will in place. A will serves as a backup to ensure that any assets not included in your trust are properly distributed. This is important because sometimes people forget to transfer certain assets into the trust, or new assets... View More
My deceased father was frauded and coerced into changing his will and taking my sister and I out of it completely, by a guy that popped up in my dad's life at the end, when he was incredibly sick and going through chemotherapy. My family, my sister, his neighbors nor I have even ever heard of... View More
answered on Dec 3, 2024
You mention that your father was defrauded into changing his Will. If someone attempts to probate the Will, you are entitled to contest it in the Probate Court. Based upon what you've stated, it seems that you have a good case to contest the fraudulent will.
It also sounds as though... View More
I am moving in a few weeks.
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answered on Oct 17, 2024
I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More
Property belongs to an elder person and they would like to add a name.
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answered on Jul 18, 2024
Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.
My cousin took the will and put her name on the account so I would not have access to anything
answered on Apr 24, 2024
You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?
mother recently passed and left home to 4 siblings and executor is not sharing any info on insurance
answered on Apr 17, 2024
If one co-executor of a trust isn't sharing information, the other co-executor still has rights to access that information. In this case, if the executor isn't sharing details about insurance on a home left to four siblings after their mother's passing, the other co-executor can... View More
Also, the difference between beneficiary and TOD?
answered on Apr 5, 2024
In Missouri, having a will does not allow your heirs to avoid probate court. However, there are strategies to minimize the probate process or bypass it altogether for certain assets. Here are some considerations specific to Missouri:
Small Estate Affidavit: Missouri offers a simplified... View More
My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More
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answered on Mar 9, 2024
I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More
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