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Missouri Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Missouri on
Q: I was financial POA for brother. I believe it terminates upon his death. However, I need it to pay medical

The last line of termination states upon my death this power of attorney shall terminate upon actual knowledge or receipt of written notice therefore by the agent.explain please

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 20, 2020

You are correct that the financial POA terminated on the death of your brother. If you do not have any joint accounts to pay the bills with you should notify the billing companies that he is deceased and you have no way to pay his bills. If his assets are substantial enough you can probate his... Read more »

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Me and my siblings were all notified about a distant relative passing away and that she didn't have a will.

Me and my sister obtained a lawyer but our brother did not. Is he now excluded from any inheritance or would the estate be equally distributed?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 6, 2020

The relatives estate will be distributed to his or her heirs regardless of whether they are represented by an attorney.

1 Answer | Asked in Estate Planning for Missouri on
Q: Can a lawyer make you send estate money back if he overwrote the check and it’s already cashed?

My fathers estate was split 6 was between my siblings and myself. He sent out 6 checks written over $3,000 more than was in the account. Everyone else cashed theirs and mine was denied for insufficient funds. He is now requesting my siblings to return $3,000 each. Can he legally make them do this?... Read more »

Todd Miller
Todd Miller answered on Dec 20, 2019

Yes. If the money was never yours to enjoy, the mistaken draft can be terminated and funds requested. For example, if a bank deposits one million in your account by mistake, the funds aren't actually yours.

2 Answers | Asked in Probate and Estate Planning for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the state's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I own my property,can I download a living will and have it notarized and it be legal ,also I get Medicaid and food stamp

Can state take my property if I have a will ,just trying to look what I should do? I’m live in Illinois

Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A living will specifies in advance how a person wants medical treatment to be administered if they are permanently unconscious or terminally ill and therefore unable to express their wishes. A living will can cover topics such as whether or not you wish to be resuscitated if you stop breathing or... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can 1 sibling be appointed as POA and executor of their mother's will?

My mother wasn't in her right mind ever since her stroke. My sister moved in with her to help take care of her. While there she manipulated our mother by placing herself as the POA and executor of her will.(never filed in court)She then had our mother put her name on everything including the house,... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

It sounds like you are saying that the power of attorney that your sister used to transfer everything to herself was obtained through the use of undue influence and, in any event, your mother did not have sufficient mental capacity when she signed it. Those are grounds to have all of those... Read more »

2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: Can an heir have everything put in their name then refuse to settle everything equally among the other heirs?

My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house which is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2019

If your fiance thinks he might have enough evidence to convince a court that the sister in possession of the house obtained titled by fraud, misrepresentation, duress or undue influence, he might be able to get the deeds and other transfers to the sister set aside and the property restored to his... Read more »

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1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on
Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

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
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
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
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
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
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
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
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
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
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...
Read more »

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
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
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 »

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