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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 nov. 2018, there is my sister, brother and me. My sister was POA. Also she was The executor. My

mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... Read more »

David S. Schleiffarth answered on Aug 20, 2019

For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.

*This response is the opinion of the author and is intended for educational purposes only. It does not constitute legal advice, nor does it create an...
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1 Answer | Asked in Estate Planning for Missouri on

Q: I need to get a lawyer to set up access to my bank account to a beneficiary should I pass away. How do I do that?

David S. Schleiffarth answered on Jul 17, 2019

One option is to have an Estate Planning attorney create a Revocable Living Trust. Many clients concerned with the transition of property and assets upon death find it beneficial to transfer ownership of personal property (including bank accounts) and/or real property into a Revocable Living Trust.... Read more »

1 Answer | Asked in Estate Planning for Missouri on

Q: My mother is recently deceased. She had a trust. Within the trust was her personal checking account. Any dividends,

etc were reported and paid on her personal income tax. I am in need of getting an EIN number since I am the successor and her ss is void at this point. We are in Missouri but I need to know which form to file for this.

Jennifer Sheila Kornblum answered on May 1, 2019

You can get an EIN number through the federal IRS website online. There is no fee to do this.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on

Q: What if a trustee refuses to keep a beneficiary informed of trust activity after said information is requested?

Bruce Alexander Minnick answered on Apr 24, 2019

Unless the written trust document requires the trustee to "keep a beneficiary informed of trust activity" there is little you can do. As a beneficiary, you might want to know--and keep in mind--that every time you cause the trustee to respond or do any other work related to the trust they charge... Read more »

1 Answer | Asked in Estate Planning for Missouri on

Q: how do I help my minor child recieve his fathers inheritance as his legal guardian?? He had no will and he owned a house

My childs grandmother (fathers mom) is trying to get me to sign it over to her so she can pay her personal debts. Do I need a lawyer or does probate court handle itself??

Jennifer Sheila Kornblum answered on Apr 11, 2019

You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.

1 Answer | Asked in Estate Planning for Missouri on

Q: What happens to my student loans if I die without a proper will? Does debt transfer?

Lydia Seifner answered on Nov 26, 2018

No, student loan debt does not transfer; the debt would be discharged. The government might claim a portion of your estate to settle the debt, but none of your family members would become responsible for the remainder.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on

Q: I have received a bill from a law firm that I believe is grossly unfair.

Do I have any recourse, a proper way to handle this?

Ronald J. Eisenberg answered on Nov 3, 2018

Try calling the attorney first and ask to schedule a meeting to discuss the bill. Here’s another option. http://www.mobar.org/forlawyers/services/feedispute.htm

1 Answer | Asked in Estate Planning for Missouri on

Q: Can wills be updated after the person passes away?

Lydia Seifner answered on Oct 26, 2018

No, after death of an individual, the will is set and unchangeable.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on

Q: My family is trying to take me to court over my grandmothers trust I borrowed money and they say I stole it

Her investments and money was split 50% to my aunt and other 50 split between my brothers and me . I borrowed money w a promissory agreement . They say I stole money etc. I’m a trustee they are not. But my personal situation hasn’t been the greatest . Don’t wanna lose my house . They were... Read more »

Ronald J. Eisenberg answered on Aug 29, 2018

You didn't ask a question but if you want to know what you should do, I suggest you hire an attorney to represent you. This sounds like serious allegations against you.

You stated that the family is "trying" to take you to court. I'm not sure what that means. If they have already filed a...
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1 Answer | Asked in Estate Planning for Missouri on

Q: Do my spouse and I need wills if we own our house jointly?

Lydia Seifner answered on Aug 4, 2018

No, if you jointly bought the house, then you own the house in joint tenancy with rights of survivorship. So if one of you dies, then the other gets the house.

1 Answer | Asked in Estate Planning for Missouri on

Q: can a sibling caregiver draw out all funds of an estate without another sibling executors knowledge in a willed trust.

Older brother was caregiver of parents and wages defined by dad in trust. Youngest brother named executor. Several cash cd's involved. Approximately $350000. Dad passed seven years ago. Mom passed in February 2018. Several of the CDs were designated as to be shared equally amongst siblings. Parcel... Read more »

Lydia Seifner answered on Jul 30, 2018

You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on

Q: Father passed away from cancer. While he was sick and on medication my sister tricked him into changing his deed

My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw... Read more »

Lydia Seifner answered on Jun 25, 2018

You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.

1 Answer | Asked in Estate Planning for Missouri on

Q: If you live in a house, are on the occupancy permit, but not on title what are your rights if the title holder dies?

Been in the house for about 15 years. Don't pay rent. Not a spouse or child of the title holder. Title holder has children.

Lydia Seifner answered on May 30, 2018

You have no rights to the property. You will have to ask permission of the title holder's children to remain on the property.

1 Answer | Asked in Probate and Estate Planning for Missouri on

Q: my sister has passed she did not have a will but my niece was power of attorney she says but I have not seen the papers

Does she get every thing or does my brother and I get it.We are the only siblings left

Lydia Seifner answered on May 28, 2018

Without a will, (an assuming she was not married), your sister's children get everything.

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on

Q: My mom and 4 sisters inherited land in MO. years ago. All sisters have passed away and now we cousins want to sell. How?

Property is in Missouri ! I see theyblisted my question in Ca.

None of the heirs included property in their will. The property is still in their names (5) and great aunt's (all deceased). I am paying prop. taxes. There are 14 cousins. How do we go about selling this property to a... Read more »

David L. Crockett answered on May 18, 2018

Since the property is in Missouri, a Missouri attorney will need to be retained to be able to make the transfers and assist with the sale. I am only licensed to practice law in CA so I cannot advise you on specifics of Missouri law. Most likely the Missouri attorney will need to file a probate... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant for Missouri on

Q: My mom died and my son and i lived w her for 10 yrs. My dad said today I have 3 hrs to get out, can he do that

Lydia Seifner answered on May 16, 2018

If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.

1 Answer | Asked in Estate Planning for Missouri on

Q: How a transfer on death for real estate in which one of the 5 beneficiaries is purchasing from owner will play out.

Party A owns real estate and is single owner. The TOD lists 5 children as the beneficiaries. One of the children is currently purchasing the property from party A and has a formal loan (mortgage). Upon party A's death what happens with the loan and the property?

Lydia Seifner answered on Apr 18, 2018

If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.

1 Answer | Asked in Probate and Estate Planning for Missouri on

Q: My Mother passed Easter Sunday, her BF died 5 months before. He left her his house new car and money. Plus my Mom's

house and car. My sister wont tell me about the will and her son is telling me I'm rude for asking, I suffer from PTSD and don't want a fight. Do I need to pursue this? Or just let them have everything? (Mom has a beautiful home full of gorgeous antiques. There are things Mom was gonna give me but... Read more »

Lydia Seifner answered on Apr 17, 2018

Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.

1 Answer | Asked in Estate Planning for Missouri on

Q: Will our farm have to be sold if we end up in a nursing home. The deed has our names and the names of of 3 children.

Lydia Seifner answered on Apr 16, 2018

This is an estate planning question.

1 Answer | Asked in Estate Planning for Missouri on

Q: Trustee violating fiduciary duties and bene wants the state to get involved. Who should the bene contact at state level?

Family estate in Missouri under 2 Trusts.

Trustee is also a beneficiary.

3 additional beneficiaries, all parties are adults.

2+ years of questionable fiduciary actions by trustee.

Trustee refuses to address documented concerns.

Trustee is using trust monies... Read more »

Scott C. Stockwell answered on Mar 9, 2018

This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.

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