Missouri Estate Planning Legal Questions

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145 legal questions have been posted about estate planning by real users in Missouri. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Missouri Estate Planning Questions & Legal Answers - Page 5
Do you have any Missouri Estate Planning questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 145 previously answered Missouri Estate Planning questions.

Recent Legal Answers

Will mortgage company let me continue paying for my grandmother's home?

Answered 12 years and 8 months ago by James P. Frederick (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
As long as the loan is current, they cannot force you to refinance, accelerate the debt or foreclose the loan. There is a federal law that protects you from this. If the mortgage is ever in arrears, then they have a number of remedies, including all of the above.
As long as the loan is current, they cannot force you to refinance, accelerate the debt or foreclose the loan. There is a federal law that protects... Read More

Will mortgage company let me continue paying for my grandmother's home?

Answered 12 years and 8 months ago by attorney Christine James   |   13 Answers   |  Legal Topics: Estate Planning
You will likely have to refinance. It depends on the company. If you are the sole heir and can refinance, I suggest doing so. If you continue to pay the mortgage and their are other heirs, you will not get money back from them once they come forward.
You will likely have to refinance. It depends on the company. If you are the sole heir and can refinance, I suggest doing so. If you continue to pay... Read More

Will mortgage company let me continue paying for my grandmother's home?

Answered 12 years and 8 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
When your grandmother died, that gave the mortgage company the right to call the loan. However, they would probably rather have payments than the house, so they may not rock the boat. You're not on solid ground continuing to pay, as you could get years down the line and still have the loan called. Best to get your refinance in order, and then tell them.... Read More
When your grandmother died, that gave the mortgage company the right to call the loan. However, they would probably rather have payments than the... Read More

Will mortgage company let me continue paying for my grandmother's home?

Answered 12 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The mortgage company cannot demand payment earlier than what already is committed to. If you did nothing, but continued to pay the mortgage, no one is the wiser. You can expect that they will try to get you to refinance the loan. As a separate matter, you should have the home transferred to you by Personal Representative Deed.... Read More
The mortgage company cannot demand payment earlier than what already is committed to. If you did nothing, but continued to pay the mortgage, no one... Read More

How can I seek a reimbursement in HOA and revoke second timeshare?

Answered 12 years and 8 months ago by attorney Christine James   |   2 Answers   |  Legal Topics: Estate Planning
An answer to your question will not be forthcoming on a website such as this. You need to actually have the documents reviewed by an attorney so that they can advise you based upon the contracts you signed.
An answer to your question will not be forthcoming on a website such as this. You need to actually have the documents reviewed by an attorney so... Read More

How does one distribute a property?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
If he left a will, follow the terms of the will. If not, the probate court will distribute according to the state statutes.
If he left a will, follow the terms of the will. If not, the probate court will distribute according to the state statutes.

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by Kathleen Delacy (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
It depends on whether you have enough income to file a tax return. If with the rental income you do not have enough income you don't have to file a return. However, if with the rental income you do have enough to file a tax return you need to report but it should be offset with the mortgage and other deductions.... Read More
It depends on whether you have enough income to file a tax return. If with the rental income you do not have enough income you don't have to file a... Read More

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Yes, that is income regardless on what you use the money for.
Yes, that is income regardless on what you use the money for.

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by Victor L. Waid (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Rent is income. Income is taxable. Talk to your accountant for tax implications.
Rent is income. Income is taxable. Talk to your accountant for tax implications.

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by Edward L. Armstrong (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
You don't mention in your question whether the "long term disability" you are receiving is paid by a private (contractual) source such as a disability insurance policy or by the Social Security Administration. For Social Security Disability the amount of payment you receive shouldn't make any difference as disability is not "asset driven" meaning you are entitled to it regardless of your income. A disability insurance policy will depend on what the policy says. Payments from a private source may be taxable as would the rent received by you.... Read More
You don't mention in your question whether the "long term disability" you are receiving is paid by a private (contractual) source such as a... Read More

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by James P. Frederick (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Disability is not needs based, so I do not think this would be necessary. If you were receiving SSI, that would be different. In that case, you would need to let them know.
Disability is not needs based, so I do not think this would be necessary. If you were receiving SSI, that would be different. In that case, you would... Read More

If you are receiving long term disability do you report the rental of your house to pay the mortgage?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
You don't report it to whoever is paying you disability. You will have to report it as income on your tax returns.
You don't report it to whoever is paying you disability. You will have to report it as income on your tax returns.
Maybe. Are you living there too? You need to consult your policy.
Maybe. Are you living there too? You need to consult your policy.
If you are renting out a portion of your house to help pay the mortgage, that is considered income and should be reported.
If you are renting out a portion of your house to help pay the mortgage, that is considered income and should be reported.
You have no rights to the life insurance. Your rights to the estate will depend on the law of intestacy of the State where your father was living when he died.
You have no rights to the life insurance. Your rights to the estate will depend on the law of intestacy of the State where your father was living... Read More

Am I legally entitled to part of my fatherโ€™s estate or life insurance policy if I was not listed as beneficiary?

Answered 12 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
You do not have any claim, since you were not named as a beneficiary.
You do not have any claim, since you were not named as a beneficiary.

Am I legally entitled to part of my fatherโ€™s estate or life insurance policy if I was not listed as beneficiary?

Answered 12 years and 8 months ago by Kathleen Delacy (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
If not a beneficiary on life insurance you do not have a right to the proceeds. If not Will you may be entitled to a part of his solely owned assets. Anything joint with his wife becomes hers by operation of law.
If not a beneficiary on life insurance you do not have a right to the proceeds. If not Will you may be entitled to a part of his solely owned... Read More

Am I legally entitled to part of my fatherโ€™s estate or life insurance policy if I was not listed as beneficiary?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
You are not entitled to the life insurance proceeds. You may be entitle to one-half of any property that was solely owned by your father, but if it was community property, you are not going to get anything.
You are not entitled to the life insurance proceeds. You may be entitle to one-half of any property that was solely owned by your father, but if it... Read More

Am I legally entitled to part of my fatherโ€™s estate or life insurance policy if I was not listed as beneficiary?

Answered 12 years and 8 months ago by Jayne L. Sebby (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The beneficiaries of the insurance policy are listed on the policy. The money bypasses the estate and goes directly to that person or persons. Depending on the intestacy laws of the state your father lived in at the time of his death, you may be able to claim a portion of the other assets in his estate.... Read More
The beneficiaries of the insurance policy are listed on the policy. The money bypasses the estate and goes directly to that person or persons. ... Read More
I am sorry for your loss. Unfortunately, the to your question is "no, you are not, unless you are under 18." If you are under 18, then it may be possible. If you are under 18, consult with an attorney.
I am sorry for your loss. Unfortunately, the to your question is "no, you are not, unless you are under 18." If you are under 18, then it may be... Read More

Am I legally entitled to part of my fatherโ€™s estate or life insurance policy if I was not listed as beneficiary?

Answered 12 years and 8 months ago by Mr. Michael K. Elliott (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The Life Insurance policy is a payable on death contract, and whoever is listed as the beneficiary will take the entire proceeds. As to the remainder of your Father's estate, your step-mom would be entitled to a Surviving Spousal share. If there is anything left after the surviving spousal share, then you may be entitled to take under the intestate statute.... Read More
The Life Insurance policy is a payable on death contract, and whoever is listed as the beneficiary will take the entire proceeds. As to the remainder... Read More
Essentially, his name is already off the property title. A conveyance signed by you "as suvivor of [deceased husband's name] whose death certificate is recorded in Liber.
Essentially, his name is already off the property title. A conveyance signed by you "as suvivor of [deceased husband's name] whose death certificate... Read More

If I want to sell my house after husband's death, do I need to take his name of the deed?

Answered 12 years and 8 months ago by James Timothy Weiner (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Generally his name can be taken off the deed at the time of closing.. all you will 100% need is an original of his death certificate to clear title. In Michigan unless it is clearly otherwise in the chain of title .. spouses are assumed to own a property as "joint tenants with right of survivorship" assuming that is the case.. your warranty deed to a new owner will be from "You as survivor of Husband (now deceased whose death certificate is attached for recording) and you" obviously if you sell the house to clear title you will have to pay off the mortgage.... Read More
Generally his name can be taken off the deed at the time of closing.. all you will 100% need is an original of his death certificate to clear title.... Read More

If I want to sell my house after husband's death, do I need to take his name of the deed?

Answered 12 years and 8 months ago by Collin McDermitt Hinds (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Did you own the property in "joint tenancy"? To answer your question, yes, the property needs to be titled in your name alone before you can sell it. If you owned the property in joint tenancy, then all you would need to do is file an affidavit of surviving joint tenant in the county where the property is located.... Read More
Did you own the property in "joint tenancy"? To answer your question, yes, the property needs to be titled in your name alone before you can sell... Read More

If I want to sell my house after husband's death, do I need to take his name of the deed?

Answered 12 years and 8 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Yes. Record his death certificate in the county records of the county where the real property is located.
Yes. Record his death certificate in the county records of the county where the real property is located.