Missouri Estate Planning Questions & Answers
Q: What happens to my student loans if I die without a proper will? Does debt transfer?
Lydia Seifner's answer
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.
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.
Q: I have received a bill from a law firm that I believe is grossly unfair.
Ronald J. Eisenberg's answer
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
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
Q: My family is trying to take me to court over my grandmothers trust I borrowed money and they say I stole it
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Missouri
on
Answered on Aug 29, 2018
Answered on Aug 29, 2018
Ronald J. Eisenberg's answer
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 lawsuit, then you must defend the suit, assuming you get served.
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 lawsuit, then you must defend the suit, assuming you get served.
Q: Do my spouse and I need wills if we own our house jointly?
Lydia Seifner's answer
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.
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.
Q: can a sibling caregiver draw out all funds of an estate without another sibling executors knowledge in a willed trust.
Lydia Seifner's answer
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 property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
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 property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
Q: Father passed away from cancer. While he was sick and on medication my sister tricked him into changing his deed
Lydia Seifner's answer
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.
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.
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?
Lydia Seifner's answer
You have no rights to the property. You will have to ask permission of the title holder's children to remain on the property.
You have no rights to the property. You will have to ask permission of the title holder's children to remain on the property.
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
Lydia Seifner's answer
Without a will, (an assuming she was not married), your sister's children get everything.
Without a will, (an assuming she was not married), your sister's children get everything.
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?
David L. Crockett's answer
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 court lawsuit (petition) to get an executor or administrator appointed to deal with the estates. There may need to be separate probate proceedings for each sister. That will depend upon how the deeds...
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 court lawsuit (petition) to get an executor or administrator appointed to deal with the estates. There may need to be separate probate proceedings for each sister. That will depend upon how the deeds...
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
1 Answer
| Asked
in
Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant
for
Missouri
on
Answered on May 16, 2018
Answered on May 16, 2018
Lydia Seifner's answer
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.
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.
Q: How a transfer on death for real estate in which one of the 5 beneficiaries is purchasing from owner will play out.
Lydia Seifner's answer
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.
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.
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
Lydia Seifner's answer
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.
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.
Q: Trustee violating fiduciary duties and bene wants the state to get involved. Who should the bene contact at state level?
Scott C. Stockwell's answer
This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.
This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.
Q: My mother just died and my brothyer is getting everything. Is that right?
Lydia Seifner's answer
If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.
If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.
Q: I was married to my husband for 13 years, until his death. He was sick with oxygen 24/7 and many other medical treatment
Peter H. Westby's answer
You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.
You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.
Q: Can my deceased brothers wife contest my father’s will?
Lydia Seifner's answer
As the beneficiary of your brother's estate, his widow has the ability to contest the will on behalf of her late husband. Just because she has the ability to contest doesn't mean she will. Talk to an estate planning attorney local to you.
As the beneficiary of your brother's estate, his widow has the ability to contest the will on behalf of her late husband. Just because she has the ability to contest doesn't mean she will. Talk to an estate planning attorney local to you.
Q: Do I have a right to my deceased grandmothers things?
Lydia Seifner's answer
Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his inheritance, and depending on how long ago all of this was, may have forfeited the right to seek the inheritance portion from your aunt. Talk to an estate planning attorney close to you to make sure you are within...
Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his inheritance, and depending on how long ago all of this was, may have forfeited the right to seek the inheritance portion from your aunt. Talk to an estate planning attorney close to you to make sure you are within...
Q: What is considered Community Property given this information. Please include tax law and any legal code in your answer.
1 Answer
| Asked
in
Divorce, Estate Planning, Real Estate Law and Tax Law
for
Missouri
on
Answered on Jan 29, 2018
Answered on Jan 29, 2018
Jennifer L. Rench's answer
I see that nobody has answered your question, but I am going to attempt to give you some information.
I am not entirely sure from the question what your mean when you say "community property", but Missouri isn't what is legally known to be a community property state so we don't use those terms here.
In Missouri, the court characterizes the property as either marital or separate (or sometime a part of a piece of property can be separate and the rest marital), then the property is...
I see that nobody has answered your question, but I am going to attempt to give you some information.
I am not entirely sure from the question what your mean when you say "community property", but Missouri isn't what is legally known to be a community property state so we don't use those terms here.
In Missouri, the court characterizes the property as either marital or separate (or sometime a part of a piece of property can be separate and the rest marital), then the property is...
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