Missouri Trusts Legal Questions

Would be silly to sue over this.  These people have an endless array of issues to resolve in their paperwork.  Whenever you are dealing with issues like this it is important to send all information, certified return receipt requested, so that you have a date and proof that they have received what you send.  You should always save a copy of what you send and staple the green card to it when you get it back.  Keep a diary of all contacts you have with the company and the full names of the people you talk to. Undertand that they can lose what you send.  Be polite.  Ask for them to resend what you do not get   Calendar to follow up at least every two weeks.  You will get your benefit and not have to pay a lawyer which for issues like this is a waste of money.  Good luck to you.... Read More

I need just a little more information.  What day did your son pass away?  I would say that to be able to get the policy itself, you would need an attorney knowledgeable in probate law.   I say this because you will probably need to open a probate estate to get this information.  Good Luck... Read More

I don't see where the death certificate is going to clear title.  What you need is a small estate or Petition to Determine Heirship.  YOu need a good probate lawyer to look at your facts and help you.  You might be part "legal" owner of the property and you just need to get marketable title.... Read More

I am assuming that the house is owned by one of the trusts... Who is mom's trustee?  Is your sister the trustee?   If so, it is possible that she might be engaging in self-dealing and breaching her fiduciary duty.  If not, then the trustee (if not your mom) could simply ignore that letter if the trust does not contemplate this action. If the property is in the trust, there really should be no "estate" to be settled unless you are using estate to refer to the trust property.  If the terms of the trust are that her kids become immediate beneficiaries of the trust(s) at her death, then the beneficiaries interests should supersede the letter from mom.   If mom doesn't remember signing then there could be an issue with her capacity to sign the letter to make it binding at all and could also be construed as elder abuse on the part of your sister but, for the sake of family unity, I would be careful about leveling any charges of elder abuse unless you first discuss it with an elder law attorney who can give you a better idea of the merits. I know you are here for an answer to your questions, but I cannot really answer your questions without asking you a number of questions first.  I would suggest that you contact an elder law attorney to get a better idea of where you stand.... Read More

I am not sure what rights you relinquished, because typically one spouse has no rights to the other spouse's inheritances. Your husband can set up whatever he wants and finance or manage his inherited property any way he chooses within the bounds of Missouri law. I suggest you see a Missouri estate and probate lawyer to figure out exactly what rights you relinquished. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More

You may be able to press criminal charges, Mike, and that should be pursued through your District Attorney. However, typically, these things are handled by suing the Executor/Trustee in probate court to restore funds and pay damages. A Missouri attorney experienced in estates and litigation should be consulted immediately, because in most states there is only a certain period of time that is allowed to pursue such actions. This is called a statute of limitations. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com ... Read More

To get the most direct answer, there are a few important things you must understand: A retirement account cannot be owned by an Irrevocable Trust. A Trust will not be administered (meaning nothing in it will be distributed) until after its owner has died. A dead person cannot get a divorce. A retirement account of a living person can be divided in a divorce. Certainly, in Oklahoma, except for a minor possibility that money from this particular retirement account might be dedicated as gifts to charity, a spouse may receive earnings from a retirement account in a divorce decree. Missouri will no doubt have a law addressing this issue clearly. If you are asking on someone else's behalf, he or she needs a Missouri estate planning lawyer with the experience to analyze your situation and help that person provide for his or her children's future despite a divorce proceeding. You do the same, before divorcing, if you are asking for yourself. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison ... Read More