Many probate administrations in Missouri involve families who generally get along, and are in agreement as to the settling of their loved one’s estate. When this is the case the administration of the estate in many aspects can be expedited
Richard J. Herndon
Richard J. Herndon is a legal professional who publishes blogs focused on estate planning and real estate law in Missouri. The content primarily addresses practical issues related to property titles, beneficiary deeds, living trusts, and the funding of trusts. The posts often highlight common pitfalls and legal complications arising from improper estate planning methods, such as the misuse of beneficiary deeds and the importance of trust-based plans. The blog serves as a resource for individuals seeking guidance on managing real estate titles, life insurance beneficiaries, and probate matters within the context of Missouri law.
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What is a Statement of Account in a Missouri Probate Matter?
A Statement of Account is the Final Accounting submitted in an Independently Administered Missouri Probate Estate. it contains Four sections. The first simply summarizes the initial Inventory filed in the case – in other words, what the decedent left to…
What Missouri Wills Do and Don’t Do
We constantly deal with questions that go something like this: My Dad died. My brother was named executor in the will, and he’s not doing what it says. What do I do? Our first question is – was the will…
Spouses Refusals in Missouri Probate Court
A Missouri Spouse’s Refusal is a procedure whereby a surviving spouse may claim certain assets in a decedent’s name without the need for a full Probate Proceeding. The surviving spouse may claim what is known as the One Year Support…
Missouri Creditors Refusals in Probate Court
A Missouri Creditor’s Refusal is a procedure that may be used where there is less than $15,000 in assets titled in the name of the decedent, and a creditor can prove that money is owed to them, but that no…
Missouri Real Estate Titles – Adding a Family Member’s Name
George called my office this afternoon. His sister, Billie had been appointed as the Personal Representative of his mother’s estate a week ago. According to him Mom had a “simple will” leaving everything to her three children equally.…
Missouri Probate – Don’t Sign if you don’t Understand
Monica came in to see me today. She had signed a document a month ago consenting to one of her brothers acting as the Personal Representative of her Mother’s estate. She wanted to talk to me because she was having…
The Public Administrator in Missouri Probate
In every county in Missouri there is an elected official known as the “Public Administrator”. In smaller counties this may be only the elected official carrying out all of the duties. In larger counties there is a full time staff.…
Another Missouri Beneficiary Deed Failure
We’ve written and posted several times about the inherent dangers in relying on Beneficiary Deeds (also known as “Transfer on Death Deeds”) to transfer title in Missouri.
Beneficiary Deeds, in the proper circumstances, present a very inexpensive and efficient method…
Missouri Living Trusts and Life Insurance Beneficiaries
A major part of establishing a Trust Based Estate Plan is the “funding” of the Trust. Oversimplified, this involves the re-titling of assets such as bank accounts, real estate and brokerage accounts. It also involves dealing with Life…