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Missouri Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Missouri on
Q: My aunt left me a trustee of her estate. She had a revocable trust set up with specific amounts to distribute.

4 months before her death she transferred over half of the trust out of it. There is not near enough to pay what the will states now. Am I liable to sell items that were left specifically to others, ie, her house, car, etc, to make up that money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 22, 2020

Your responsibilities as trustee are very important and handling your aunt’s estate in these circumstances can lead to other issues. You really should sit down with a lawyer to review the trust documents and make sure you do it correctly.

1 Answer | Asked in Estate Planning for Missouri on
Q: what does"Title to assets of the trust is to be taken and held as follows" mean

we have a revocable trust and are applying for a home equity loan, this is a question I do not know what they mean. we live in missouri

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 28, 2020

That part of the trust describes how your assets should be held. Usually in the name of the trust, which will follow that phrase in the trust document.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

Timothy Denison
Timothy Denison answered on Sep 13, 2020

What is your question?

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1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: In the state of Missouri what would I need to do to transfer my families farm from one person to another?

its a farm that has 2 homes one it, and its going from the owner who is the Grandmother, to the grandson.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 29, 2020

To transfer the property, the owner must sign a deed transferring it to the new owner. Then the deed must be recorded in the county where the property is located. She should have the deed drawn up by an attorney to make sure it Is done properly and meets the Missouri requirements.

1 Answer | Asked in Estate Planning for Missouri on
Q: Is my heir liable for my credit card debt?
Nina Whitehurst
Nina Whitehurst answered on Jul 11, 2020

Heirs are not liable for a decedent’s credit card debt, but the decedent’s estate is liable.

1 Answer | Asked in Estate Planning for Missouri on
Q: Can I amend a trust as the successor trustee based upon the oral directives made by grantor to me?

My father created a revocable living trust in 2015, making myself and two older sisters the beneficiaries. He placed his MO property into the trust and the trust directives are to split the remainder trust in equal shares between us three. However, in 2017 he purchased a property in PA to help out... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 2, 2020

Your ability to make amendments to the trust will depend on the terms of the trust itself. Some settlers grant that power, others do not. If you and your siblings are all in agreement to follow your father’s wishes, however, you may be able to arrange it and still be adhering to the terms of the... Read more »

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My husband's mom just passed away. Her house was only under her and her deceased mom's name. My husband's dad and older

Sister are the survivors. His dad and sister want nothing to do with the house so every one wants to put it in my husband's name. However, she left no will no beneficiary, nothing. What do we do from here?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Hire a competent attorney to search the title. You will probably need an Affidavit of Heirship, and a Quit Claim Deed for the other Heirs to convey their interests over to your Husband. He will need to immediately start paying taxes, and any mortgages.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... Read more »

David S. Schleiffarth
David S. Schleiffarth answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I live with and care for my grandfather. He has no will. How do I keep living in his house? What do I do?

No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:

I am POA medically and financially for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: If my debts exceed the value of my estate at the time of my death will my brother be held accountable for the difference

I have no other family and we both live in Missouri.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Your surviving family will not inherit your debt. But your remaining assets must be used to pay any debt you leave behind.

2 Answers | Asked in Estate Planning for Missouri on
Q: If I die, is my brother responsible for any debts that I incurred while alive? We both live in Missouri.

I just want to make sure I take out an insurance policy to keep from him having to bear any burden.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 31, 2020

When you die, whatever assets are in your estate will be used to pay your debts first. Family members are not responsible for your debts.

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 23, 2020

There is no estate tax in Missouri.

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1 Answer | Asked in Estate Planning for Missouri on
Q: My husband passed away, the estate is insolvent

My husband passed away, the estate is insolvent. I had to sell the house and pay the mortgage company and some extra bills. There is money left over after paying off the mortgage bill and the other bills. My question is if there is any way I can keep a portion of that money. They are other... Read more »

Joseph John Piatchek
Joseph John Piatchek answered on May 5, 2020

To fully answer the question, I have several questions that would need to be answered. How was the house titled,k in his name only, or both your names as husband and wife? Was an actual estate opened on his behalf in your local county probate court on his behalf, or not? Who are these other... Read more »

1 Answer | Asked in Estate Planning and Banking for Missouri on
Q: COVID19 stimulus check made to both me and spouse arrived, he died 3 months ago,how/can I cash this check?

Ss admin was notified, his bank account closed out, no 2019 taxes filed yet, and no probate case opened at this time. This check is similar to tax refund checks I fear and require all parties endorse. Help!

Joseph John Piatchek
Joseph John Piatchek answered on May 5, 2020

May likely require filing a case with the local county probate court where you live. There are several ways this can be done, perhaps even a "small estate", among other ways. In any event, you likely need some sort of authority to sign on his behalf, and probate courts is where you can... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on
Q: when will the state take assets?

My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2020

Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.

This is so sad because, had your mother or, even...
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1 Answer | Asked in Estate Planning for Missouri on
Q: If someone uses power of attorney how long is it good for and can that person change estate planning on person that it c
Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

A power of attorney is good until revoked. However, may financial institutions have policies that place time limits on them. For the agent designated in the power of attorney to be able to amend estate planning documents of the principal, the power of attorney needs to VERY SPECIFICALLY grant... Read more »

2 Answers | Asked in Estate Planning, Collections, Identity Theft and Internet Law for Missouri on
Q: Is it legal for a lawyer to ask for a SSN online through an email address?

My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 21, 2020

Two things.

1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... Read more »

2 Answers | Asked in Estate Planning and Banking for Missouri on
Q: If I accidentally deposit money in a UTMA can I fix my mistake or is it irrevocable?

A few days ago I accidentally deposited some money in my daughter’s UTMA and bought some stocks with it before I realized my mistake. Can I sell the stocks and withdraw the money or is it now irrevocable her money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 8, 2020

Generally speaking, any deposits to a UTMA account by a parent are irrevocable. You should consult an attorney in your area to discuss the details to be sure.

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1 Answer | Asked in Estate Planning for Missouri on
Q: I live in Missouri, and I am named as the personal representative in my deceased mother’s will. She left her house to

me and my brother. (We are 2 of 4 siblings.) A Beneficiary Deed in my brother’s and my name was filed with the county back in the 80’s when she created her will. The house was subsequently condemned due to a foundation problem and demolished. Ultimately, the lot was put up for sale in the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 4, 2020

Generally speaking, in Missouri, no probate has to be filed in the total value of the deceased's estate is under $30,000. If that is the situation with your mother it is not likely you need to probate her estate. You should consult with an attorney and go over the details of your mother's... Read more »

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