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 6
Do you have any Missouri Estate Planning questions page 6 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

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 Thomas Edward Gates (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
While his name is still on the deed, you just need to produce the death certificate at the signing.
While his name is still on the deed, you just need to produce the death certificate at the signing.
Yes his name will have to be removed from the deed and the only way to know exactly what process to use to do that would be to have an attorney review the deeds and tell you what has to be done from there. A buyer cannot purchase the property with your husband's name still on it.
Yes his name will have to be removed from the deed and the only way to know exactly what process to use to do that would be to have an attorney... 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. James G Maguire (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Since your husband's name is on the title to the properties, his succession would have to be opened before his name is taken off of the title.
Since your husband's name is on the title to the properties, his succession would have to be opened before his name is taken off of the title.

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 Neal Michael Rimer (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Yes, title must be cleared before you sell the property. If the property was in trust, an affidavit is filed to identify who the successor trustee is. If title was in joint tenancy, then an affidavit of death of a joint tenant can clear title in the successor. If title was in husband and wife as community property, then a probate petition must be filed and you need to obtain a court order to fix title. If title was in husband and wife as community property, with the right of survivorship, then an affidavit must be recorded to fix title. If title was in husband and wife, then a probate must be filed to clear title.... Read More
Yes, title must be cleared before you sell the property. If the property was in trust, an affidavit is filed to identify who the successor trustee... Read More

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by James P. Frederick (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
You have asked this question already. I am not sure why the division would be different 10 years later than at the time of death. What change of law would change the distribution like that? I cannot think of anything that would have. If one of the beneficiaries has died, in the meantime, then more information would be needed.... Read More
You have asked this question already. I am not sure why the division would be different 10 years later than at the time of death. What change of law... Read More

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Unless the parent's will has very specific directions, each of the two children inherits an undivided one-half interest in the whole 20 acres. The two devisees will then have to sell the property or decide on some division. This has not changed in 10 years.
Unless the parent's will has very specific directions, each of the two children inherits an undivided one-half interest in the whole 20 acres. The... Read More
The laws from the year the person died control the distribution of the estate.
The laws from the year the person died control the distribution of the estate.

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
No, what you do is sell the property and split the proceeds 50/50.
No, what you do is sell the property and split the proceeds 50/50.

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by Kathleen Delacy (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
50/50 would be value at date of death.
50/50 would be value at date of death.

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by James Timothy Weiner (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Ideally the land is sold and the money proceeds are divided equally any other division is at the option of the parties.
Ideally the land is sold and the money proceeds are divided equally any other division is at the option of the parties.

Do you go by laws when parent died or the year it is being divided if laws have changed?

Answered 12 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
The laws in effect at tithe time of the passing will generally apply.
The laws in effect at tithe time of the passing will generally apply.

The will states heirs property can not be sold until the third generation, what does that mean?

Answered 12 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
It means that the property can not be sold except by the third generation of the heirs, but that might run afoul of the Rule Against Perpetuities and be illegal. Depending upon the situation, you need to speak to an attorney. The Rule is difficult to understand but you can look it up on the internet your self.... Read More
It means that the property can not be sold except by the third generation of the heirs, but that might run afoul of the Rule Against Perpetuities and... Read More

Will the siblings, who are part owners get anything from the sale of the house?

Answered 12 years and 8 months ago by Steven Schneider (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
If they are truly joint owners, all could get a share after the mortgage, taxes and other costs are paid. If the sibling wants to be reimbursed by the estate for repairs, she can make a claim for that to be paid before proceeds are split in closing.
If they are truly joint owners, all could get a share after the mortgage, taxes and other costs are paid. If the sibling wants to be reimbursed by... Read More

Can the custodian (my mother) legally take all of the money out of a UTMA that I am the beneficiary of?

Answered 12 years and 8 months ago by Victor L. Waid (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
Sounds like you need to obtain probate conservatorship or guardianship legal counsel to investigate and determine if your mother has embezzled your account, and possibly bring a legal action against her for misappropriation.
Sounds like you need to obtain probate conservatorship or guardianship legal counsel to investigate and determine if your mother has embezzled your... Read More

Does my mom have to buy her sister out at 50%?

Answered 12 years and 8 months ago by Victor L. Waid (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Obtain yourself a probate litigation lawyer to file a petition to [partition the property and force a sale with a division of the proceeds, subject to any expenses incurred by the person.
Obtain yourself a probate litigation lawyer to file a petition to [partition the property and force a sale with a division of the proceeds, subject... Read More

How can I find out if I have a trust fund or am I a beneficiary of a trust fund?

Answered 12 years and 9 months ago by Gerald A. Bagazinski (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
Do you believe someone died and left you as a beneficiary?
Do you believe someone died and left you as a beneficiary?

Can my sister get the house through adverse possession? What rights do I have?

Answered 12 years and 9 months ago by James P. Frederick (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
Tough situation. It sounds like your sister really should buy out your interest. That would allow her to stay there and it would allow you to have your share of your inheritance. Otherwise, as an owner, you are entitled to possession, in the same way that your sister is. It is hard to see how that could work, under the circumstances, though.... Read More
Tough situation. It sounds like your sister really should buy out your interest. That would allow her to stay there and it would allow you to have... Read More

How can I do protect her savings just in case of her someday entering a nursing home?

Answered 12 years and 9 months ago by Victor L. Waid (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
The savings of your mother are for her during life care, and you are not entitled to an inheritance, which you are alluding. So be prepared to use her money for nursing home care.
The savings of your mother are for her during life care, and you are not entitled to an inheritance, which you are alluding. So be prepared to use... Read More

How can I do protect her savings just in case of her someday entering a nursing home?

Answered 12 years and 9 months ago by James P. Frederick (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
This is too complex a question to answer in this kind of forum. Your mother needs to meet with an elder care attorney and share all of the facts of her situation, including her objectives.
This is too complex a question to answer in this kind of forum. Your mother needs to meet with an elder care attorney and share all of the facts of... Read More

Can I add someone to my will without changing my entire will?

Answered 12 years and 9 months ago by attorney Daniel J. Pingelton   |   2 Answers   |  Legal Topics: Estate Planning
Of course you can add him. Talk to a lawyer. It's not very difficult or very expensive.
Of course you can add him. Talk to a lawyer. It's not very difficult or very expensive.