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Missouri Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My mother passed away in Atchison County Missouri. She has no will, and nothing in writing.

I know this will need to go through probate but one of her friends has the key to the house that is in moms name and will not allow anyone to touch the house. I do think this friend did give my brother the car that is in my moms name. what can we do?

Lloyd  Nolan
Lloyd Nolan
answered on Aug 14, 2022

You need to contact an attorney and open an Estate for your mother immediatately. As you mother's son, you are entitled to apply for Letters of Administration. The friend has zero rights and should not have access to the house much less giving a car "away" - how is the neighbor... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd  Nolan
Lloyd Nolan
answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: Mother past away in Missouri. Left will giving paid off house to my older sister in will.

The remainder 4 siblings are getting nothing. Is this legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 30, 2021

If your mother was competent when she made her will, she was entitled to leave her house to whomever she wanted. There is no legal requirement that a parent leave property equally to children. If you believe she was not competent at the time she prepared her will you should consult an attorney.

1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: When my mother passes, she is leaving her home to my brother and I. He will likely move in. How is this preventable?

My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... View More

Nina Whitehurst
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answered on Oct 22, 2021

There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: Does a 79-year old woman with no assets and only her monthly social security payment need a will or living trust?

My mother-in-law is a widow with four adult children. She lives with my brother-in-law, but my wife and I manage her finances.

Nina Whitehurst
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answered on Sep 2, 2021

An individual who knows for a fact that he or she will die owning absolutely nothing does not need a will or a living trust. HOWEVER, elderly people have been known to inherit from others well into their 70s, 80s and 90s and then, suddenly, there are assets. It is sad when they did not have a... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Do beneficiary designations take priority over a Will?
David S. Schleiffarth
David S. Schleiffarth
answered on Jun 15, 2021

Yes--a beneficiary designation takes priority over a Will. A beneficiary designation is a form of "non-probative transfer," which takes place separately from any testamentary documents.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My father passed without a will. The house was in his name only, but wife still lives there. I want to enter the house.

My sister and I should have partial ownership of the house and his belongings. Can we enter the house without her permission to secure his belongings?

Anthony M. Avery
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answered on May 26, 2021

If the wife refuses again, you could Probate his Estate and the Administrator marshal up the Estate Assets. Or you could hire a competent MO attorney to file an Action for a Partition Sale of the real property, which will definitely get her attention.

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... View More

Agnes Jury
Agnes Jury
answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd  Nolan
Lloyd Nolan
answered on May 4, 2021

The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.

Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,...
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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can I represent myself if I was served? I was left $ by a friend and his son filed for a declaratory judgement.

He claims his dad had dementia and was not in his right Mind when he changed the percentages 4 months before he passed. There are 5 beneficiaries on his Edward Jones account and I don’t have the $ to hire an attorney. I don’t know how much money it is, when I called Edward jones they... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 12, 2021

You are entitled to represent yourself but you'll increase your chances of a good outcome if you find a way to come up with money to hire an attorney.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Fax: (636) 537-2599

1 Answer | Asked in Estate Planning for Missouri on
Q: How much communication do I as executor of a will have to give the beneficiaries of the will?

My mother passed away a week ago I was named the executor of the will. Myself and my 3 siblings are the beneficiaries of the will. One of the siblings is wanting me to keep her constantly informed of everything and that everything has to be a group decision. It is impossible for me to get anything... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 3, 2021

The answer to your question is generally found in the will itself. Most wills provide a time requirement for the personal representative to provide reports to the beneficiaries. Definitely no less than one time per year. If there is no such provision in the will, you and the attorney handling the... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Aunt passed away in Florida and her roommate won't speak to us family members or release her belongings like pictures

Roommates waited 3 weeks to tell family members about our aunts death

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

I would speak with a probate attorney.

1 Answer | Asked in Estate Planning for Missouri on
Q: Does my father need a will?

My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... View More

Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

I would encourage him to update his will.

1 Answer | Asked in Estate Planning for Missouri on
Q: Does my father need a will?

My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 2, 2021

If your father's estate value is under $40,000, it is considered a "small estate." The procedure for distribution of assets in a small estate is governed by Mo Rev. Stat. Section 473.097 and the statutes references in that section. If you have any questions you should consult and attorney.

1 Answer | Asked in Consumer Law, Estate Planning and Banking for Missouri on
Q: Wife opened bank account for young daughter with herself also listed. Wife died. Daughter now 20, access without court?

Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 28, 2020

It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.

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 for Missouri on
Q: My aunt left me a trustee of her estate. She had a revocable trust set up with specific amounts to distribute.

4 months before her death she transferred over half of the trust out of it. There is not near enough to pay what the will states now. Am I liable to sell items that were left specifically to others, ie, her house, car, etc, to make up that money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 22, 2020

Your responsibilities as trustee are very important and handling your aunt’s estate in these circumstances can lead to other issues. You really should sit down with a lawyer to review the trust documents and make sure you do it correctly.

1 Answer | Asked in Estate Planning for Missouri on
Q: what does"Title to assets of the trust is to be taken and held as follows" mean

we have a revocable trust and are applying for a home equity loan, this is a question I do not know what they mean. we live in missouri

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 28, 2020

That part of the trust describes how your assets should be held. Usually in the name of the trust, which will follow that phrase in the trust document.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

Timothy Denison
Timothy Denison
answered on Sep 13, 2020

What is your question?

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1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: In the state of Missouri what would I need to do to transfer my families farm from one person to another?

its a farm that has 2 homes one it, and its going from the owner who is the Grandmother, to the grandson.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jul 29, 2020

To transfer the property, the owner must sign a deed transferring it to the new owner. Then the deed must be recorded in the county where the property is located. She should have the deed drawn up by an attorney to make sure it Is done properly and meets the Missouri requirements.

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