Missouri Estate Planning Legal Questions

The person who inherits the home would take it subject to the mortgage.  If the lender choose to rely on that person's credit, he may pay off or refinance the mortgage.  If not, the home will be foreclosed on to pay off the mortgage.  Be sure to specify whether you want any proceeds which may be realized after the sale to pass to that person.... Read More

That depends on whether the POA required them to act together or allowed them to act separately.  Whatever the document may say, there is no such thing as an "irrevocable" POA.  The person who granted it can always revoke it as, in this instance, he or she appears to have done with regard to one agent.... Read More

An agent under a Durable Power of Attorney cannot legally alter the disposition of assets to be made from a person's estate as shown in a Will or trust.  If changing the deed would do this, you may want to contact Adult Protective Services and an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)     ... Read More

A Durable Power of Attorney must be executed before a notary public.  Do not just cross out names and write in new ones.  Remember that to be effective a Durable Power of Attorney with regard to real estate a Durable Power of Attorney must be recorded in the deed records where the property is located.... Read More

Are the homes listed as husband and wife?  If so, and assuming there is no will or trust disposing of the property, I would say that the surviving spouse most likely will keep the property.  Keep in mind I have not seen the deeds but MO does protect spouses even if they aren't on the deed but in these cases you are implying that you both are on the titles as husband and wife.  Is that correct?... Read More

The best option is to find an attorney that is interested in the organization's mission, and ask if he or she is willing to prepare the application without charge or at a reduced fee. Depending upon the organization and its mission, it might not be able to obtain c(3) status, but another status for being exempt from federal income taxes. The ultimate status granted also may impact whether donations are tax deductible to the donor. An attorney will likely question why there was no insurance on the property. ... Read More

At $10 per hour and a total charge of $15,000, this means they spent 1,500 hours cleaning. I doubt this as this would be 500 hours each for the surviving children. They are trying to rip you off. The title company may have to interplead the funds into court to get this resolved. If you hire an attorney, it would be in the city where the house is located, not an attorney from your state.... Read More

Late father means your father has died. Since your father has died, the attorney cannot be preparing a new will. If you mean the attorney who prepared the will while your father was alive, then what you need to do is request that the original will be deposited with the probate court in the county where your father was domiciled. Once the will is on file with the probate court, you can review the will to determine if it is altered. Please note that the will has to be admitted to probate in order for it to be accepted as the last will and testament of your father. By just having the will deposited with the probate court, the will has not been admitted to probate. The other issue is what assets where in your father's name at the time of his death that have no beneficiary designation? These are the assets that will go through probate. You should see an attorney who specializes in probate to guide you further.... Read More

In Missouri, if a probate court deems an individual incompetent and appoints a guardian and conservator (guardian is control over the individual, conservator is control over the assets) then the probate court sets aside the durable power of attorney. Any member of the family can petition the probate court for the appointment of a guardian and conservator.... Read More

When you say "disown," from an estate planning perspective I believe you are referring to "disinherit." If this is the case, in your estate planning documents simply mention that it is your intention to disinherit your child named (insert child's full name) and that you have intentionally made no provision for that child. You have no obligation to provide anything for a child who is an adult. You cannot relieve yourself of the duty to support any minor children, however.... Read More

Since you and your partner were not married you have no right to his estate or any portion of his estate (including the vehicle). You do have the right to the life insurance proceeds because insurance policies are really contracts. You could have some equitable right to a portion of your partner's estate but you would have to open an estate in the Probate Division of the Circuit Court for the county in which your partner lived at the time of death.... Read More