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Wills and Estates

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St. Louis Probate Attorney

Choosing an executor is one of the most important parts of drafting your will. The executor will be responsible for carrying out the terms of your will, distributing your assets, and finalizing your estate. Missouri law sets out requirements for who can serve, outlines the responsibilities of the executor, and establishes guidelines for compensation. Duties …

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Probate Lawyers

When a person dies, they are no longer capable of owning their assets. Accordingly, assets that were previously in their name pass to those who are still living. If the deceased had a Last Will and Testament, their assets will pass according to that document. If not, their assets will pass according to state statute.1This …

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St Louis Wills and Estates Lawyer

One of the main functions of the probate court is to distribute assets of a person who has passed away. Unfortunately, the probate process can be time-consuming and expensive. The proceedings in probate court are a matter of public record, compromising the privacy of the deceased. With some planning, you can avoid probate altogether and …

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What is a Missouri Durable Power of Attorney

A Missouri power of attorney is a document by which an individual can appoint a person to act as their agent. An agent is one who has authorization to act for another person. A power of attorney can authorize the attorney-in-fact to perform a single or multiple actions and is created in accordance with Section …

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Missouri Executors – What Do They Do

When a loved one dies and leaves a valid will they likely name an executor; someone to protect the deceased person’s property until all debts and taxes are paid and transfer the remaining assets to heirs.  Missouri law does not require an executor to be a legal expert, but they must use a high degree …

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Missouri Probate Law And Undue Influence

Defining Undue Influence in Missouri When a person uses their power and control to deceive another person in order to exploit their dependence, trust, and fear concerning a certain matter, this is called undue influence. There are three elements which must exist, according to Missouri state law, in order to undue influence to have taken …

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How To Avoid St. Louis Probate

A Will is a legal paper that states who receives your property when you die but it is important to note that a Will does not avoid the necessity of probate[1] and must be “probated” to have legal effect.  Many people prefer to pass some or all of their assets directly to their heirs without …

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Missouri Estate Litigation Terms

It is very difficult when a close family member or friend passes away.  If is necessary to become involved in estate litigation during that time, the process will seem even more overwhelming.  Whether currently involved in estate litigation or not, it can be helpful to have a basic understanding of common Missouri estate litigation terms. …

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When a person dies with a proper Will in place, the administration of the estate usually proceeds without difficulty.  Unfortunately, some people die without a Will or with a Will that does not adhere to the terms of Missouri laws [1].  Another basis to dispute the terms of a Will involves the mental capacity of …

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