Get free answers to your Estate Planning legal questions from lawyers in your area.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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?
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
