Missouri Estate Planning Legal Questions

I am assuming the trust was not a joint trust between your parents. Most trust documents allow the grantor or settlor to alter, amend and/revoke a trust. Since your mother is the grantor or settlor (the one who set up the trust), she can revoke it. Ask your mother if she ever gave copies of the trust, or even just certain pages, to a bank. If so, go to the bank and get the copies. Take your mother to another estate planning attorney and ask the attorney about revoking the trust and your mother setting up a new trust. Also, some investment companies, such as Edward Jones, will ask for a copy of the trust if your mother has an investment account with the investment company and has it in the name of the trust. Check with the Recorder of Deeds if your mother's house is in the name of the trust. If so, get a copy of the deed and take the deed with you when you see the attorney. Your brother obviously does not want you to see the trust. He is not entitled to keep the trust away from your mother and he may have had it amended to benefit him to your detriment. I would see an attorney as soon as possible.... Read More

In Missouri, you should make sure that the will is executed properly. This means at least two witnesses see your father sign the will and they subscribe their names as witnesses to the will. Additionally, in order to make the will self-proving, which makes the will easier to get admitted to probate, the witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all will-making formalities were observed. So you first step is to assure that the proper execution procedures have taken place to make it a valid will. In Missouri, after execution, you can file the will in the probate court in the county where the person resides or is domiciled. This is rarely done. Most people keep their wills in a sage deposit box or somewhere safe at home. Please make sure people know where the will is kept.... Read More

In Missouri, since the beneficiary is a minor, the distribution cannot be made to the minor but needs to be made to a conservator appointed by the probate court. The probate of an estate is Missouri is public information. The probate court will not allow a distribution to be made to a minor. Therefore, see an attorney to get a conservatorship opened up for the minor so the conservator can receive the distribution.... Read More

Since the husband's will was done prior to his marriage, the wife is an omitted spouse. In Missouri, she can claim her intestate share as an omitted spouse. She needs to see an attorney as soon as possible as there are statutes of limitations in probate cases that are very strict. These statutes of limitations are very short. If she does not act in time, then she may not get anything.... Read More

You need to file a small estate affidavit to get the vehicles transferred if all the assets, less the outstanding mortgage, is less than $40,000. List your sister as a beneficiary on the small estate affidavit. Once the certificate of clerk is issued, you are allowed to take charge of the assets. You can sell the vehicles and also sell the house. Get your sister to sign a waiver that she does not want anything, but she will still have to sign the documents in regard to the sale of the house. See an attorney for more information.... Read More

The executor of a will's role is to present the deceased person's (also known as the decedent) will to the probate court in the county where he or she died or owned property. The executor's primary function is to ensure that the decedent's wishes are carried out, and that could potentially include preventing other family members from removing items from that person's home. The exectuor's responsibility is determined by the terms of the decedent's will, so to answer your question, it may be a valid use of the executor's authority to keep a sibling from removing items from the decedent's home. Please consult an estate planning attorney in your area for more information.... Read More

Who actually has title to this property? If you have legal title (check with the Recorder of Deeds in the County where the property is located) you can simply sell it to whomever will buy it and give them a deed. Any type of deed (warranty, quitclaim, etc - you might not want to give such a purchaser a general warranty deed - a quitclaim deed would pass whatever title you actually have). If you don't have legal title and no estate was opened when your father died (a probate estate must be opened within 1 year of death) you will need to file a Determination of Heirship proceeding in the probate division of the circuit court in the county where you father was living at the time of his death. You cannot do this yourself so you would have to retain an attorney. Notices, etc. are required to be sent/published.... Read More

You need to see a qualified Elder Law Attorney to get your affairs in order. There are ways to put things into trust and still qualify for nursing home assistance. I have a partner who specializes in this area, and there are lawyers throughout the country who handle these matters, so let me know if you need a referral.... Read More

The short answer is "no" under the facts that you've noted, although an "executor" is different than a trustee in terms of the legal processes (executor is probate process; non-probate family trusts have trustees). However, both an executor and trustee are tasked with the fiduciary duty of carrying out the terms of the document with which they are charged. If there is a family trust and your brother is Successor Trustee now that your father has passed, in a typical trust, I have not seen trust terms that would allow brother to change the terms as a child-successor trustee when both parents have passed away.... Read More

You are in a tough spot because it is very difficult to prove ownership of personal property. I am not sure why your sister in law would want it. But she appears to be in the driver's seat. If there is a probate estate, you can petition the court for the return of the items. But it may be more trouble and expense than the items are worth.... Read More