Get free answers to your Estate Planning legal questions from lawyers in your area.
Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... View More 
answered on Dec 28, 2020
It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.
Will her share go to her older children?
answered on Nov 27, 2020
This depends entirely on the language of the Will.
Frequently, the children would be next in line (each receiving an equal share), but without reading the Will there is no way for me to know.
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?
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.
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
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.
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.
its a farm that has 2 homes one it, and its going from the owner who is the Grandmother, to the grandson.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2020
Heirs are not liable for a decedent’s credit card debt, but the decedent’s estate is liable.
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... View More
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... View More
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More
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.... View More
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... View More
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... View More
I have no other family and we both live in Missouri.
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.
I just want to make sure I take out an insurance policy to keep from him having to bear any burden.
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.
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?
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... View More
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... View More
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!
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
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... View More
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... View More
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... View More
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.
