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
He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)
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answered on Feb 23, 2024
In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the... View More
In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More
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answered on Feb 20, 2024
Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More
We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?
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answered on Jan 30, 2024
It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.
One option to protect her SSI eligibility is... View More
I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA
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answered on Jan 30, 2024
As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play... View More
I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA
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answered on Jan 30, 2024
In situations where a person was owed court-ordered restitution and passes away before receiving it, the right to collect the restitution typically passes to their estate. As the only living child and with a notarized last will and testament, you likely have a claim to this restitution as part of... View More
My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?
answered on Jul 20, 2023
First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More
Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?
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answered on Jun 22, 2023
An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest,... View More
Beneficiary But We Cannot Find the Paperwork We Do Have a Bank Statement That Puts Me as POD Does That Keep The House out of Probate and How Would I Get it in My Name I Have No Clue
answered on Jun 7, 2023
I am very sorry for your loss. You really need to consult a probate attorney to get the big picture on Todd's estate, particularly since you are unable to locate a will. Generally speaking, the POD account transfers to you automatically. But that has nothing to do with any real estate he... View More
How would I go about starting this process?
answered on Jun 2, 2023
There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More
Son, Zach who is still alive. Bill died in California, we live in missouri.
Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More
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answered on Apr 30, 2023
First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html
Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants... View More
answered on Mar 22, 2023
There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your... View More
Trustee lives in house & kept 98% of contents along with farm contents. Land has been surveyed into 3 plots of 42 acres each, but house,lot & barn w/lot not included. Has been appraised. He won’t pay heirs their 2/3 .
answered on Jan 22, 2023
You should consider retaining an attorney to bring an action to enforce the trust and require an accounting from the trustee. It appears that the trustee is not acting in a proper fiduciary manner, nor complying with the terms of the Trust. You are entitled to an accounting for trust property... View More
The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?
answered on Jan 3, 2023
First and foremost, I am very sorry for your loss.
As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for... View More
However the judge did order that the first heir have custody of administration over the estate in probate.
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answered on Jan 3, 2023
An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.
We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More
answered on Nov 3, 2022
The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary... View More
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
My brother's surviving wife is trying to claim his life insurance policy. He bought this policy before they ever met naming my mother as tye beneficiary and me as contingent. Can she get the payout?
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answered on Feb 14, 2024
Assuming you have the designation of beneficiaries, and can read it, you need a MO attorney to make a formal written demand on that policy now. You will need your Mother's Death Certificate.
My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More
answered on Nov 17, 2023
For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.
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