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Missouri Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

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

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning, Probate and Social Security for Missouri on
Q: My mother is receiving inheritance from her father after he passed away, but she is on SSI in Missouri

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?

James L. Arrasmith
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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...
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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

T. Augustus Claus
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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

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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

James L. Arrasmith
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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

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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Missouri on
Q: What are my rights as a widow?

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?

Chad Garrett Mann
Chad Garrett Mann
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

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Missouri on
Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

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?

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My Big Brother Todd Passed Away April 8,2023 My Other Brother and I Took Todd off of Life Support! WE All Thought I Was

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

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

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

Nina Whitehurst
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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...
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1 Answer | Asked in Real Estate Law and Estate Planning for Missouri on
Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can 2 heirs sale inherited farm if 1 heir disagrees & is trustee of irrevocable trust & lives in house? Missouri state

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 .

Lloyd  Nolan
Lloyd Nolan
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

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

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?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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...
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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Missouri on
Q: If there is two hers for The descendants property can 1 heirs evict the other 1.

However the judge did order that the first heir have custody of administration over the estate in probate.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Missouri on
Q: My mother died intestate. Can Medicade Recovery override an Affidavit of Heirship?

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

Lloyd  Nolan
Lloyd Nolan
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

1 Answer | Asked in Estate Planning for Missouri on
Q: I am named as the contingent on my brother's life ins. Policy. Beneficiary named is deceased. Can his wife get payout?

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?

Anthony M. Avery
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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.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My mother.passed away last year and was owed restitution. I am her only living child. Am I entitled to that money?
T. Augustus Claus
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answered on Aug 7, 2023

In many cases, when a person who is owed restitution passes away, their right to receive the restitution payment can pass to their estate or heirs.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: 3 real estate properties in Missouri to be sold and divided between me and 2 sisters.

My mother told me she and her husband agreed to pass 3 properties to my 2 sisters and I. My sister was supposed to sell all 3 and divide the money 3 ways. Instead she convinced my mothers widower to give all of them to someone else. I just found out 2 years after his death. Is there anything I can... View More

Anthony M. Avery
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answered on May 23, 2023

At the very minimum, hire a MO attorney to search the three titles and determine present record ownership. If you are an heir, then a suit for a Sale For Partition might be available.

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

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