Estate Planning in Missouri | MO Legal Resources | FastCounsel

How can a Missouri personal representative confirm a probate proceeding has concluded and a trust has been properly funded? (MO)

Checklist for Missouri personal representatives: Confirming probate is finished and a trust is funded Clear steps, documents to collect, and next actions to close an estate and confirm trust funding. Quick summary If you served as a personal representative (executor or administrator) in Missouri, you can confirm that probate has ended by obtaining the court’s […]

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Which financial powers can be granted through a power of attorney during incarceration? (MO)

FAQ: Which financial powers can be granted through a power of attorney during incarceration? Short answer: Under Missouri law, a principal (including someone who is incarcerated) can grant an agent broad financial powers through a power of attorney (POA) to manage bank accounts, pay bills, handle real estate and personal property, collect income or rent, […]

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What formal requirements ensure a power of attorney executed in prison is legally valid? (MO)

Detailed Answer — Formal requirements for a power of attorney executed in prison under Missouri law Short answer: A power of attorney (POA) executed by an incarcerated person in Missouri must meet the same basic legal formalities as any other Missouri POA: the principal must have capacity, the POA should be in writing, clearly identify […]

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How does the diminished value process work if I do not own my car? (MO)

Frequently Asked: Who can claim diminished value if I don’t own the car? State focus: Missouri. This article explains how diminished value claims work when you are not the titled owner of the vehicle. Detailed answer — How diminished value works in Missouri when you don’t own the vehicle Diminished value is the loss in […]

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Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (MO)

Detailed Answer Short answer: No — in Missouri, wrongful death proceeds do not generally pass under the decedent's Last Will and Testament. Missouri law creates a statutory wrongful death claim for the benefit of certain survivors and prescribes who receives any recovery. A separate survival action (for the decedent's pre-death conscious pain, medical expenses, or […]

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How to Probate an Unwitnessed, Unnotarized Will in Missouri

Detailed Answer Under Missouri law, a valid will must meet specific execution requirements. The document must be in writing, signed by the testator, and witnessed by two credible witnesses who sign in the testator’s presence. (RSMo §474.330). Missouri also admits wills executed outside the state if they are valid under the law where signed. (RSMo […]

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What information and documents should be gathered before the decedent’s passing to streamline probate in Missouri?

Detailed Answer Gathering essential information and documents before a loved one passes away can streamline Missouri probate. Probate begins when the court appoints a personal representative under RSMo 473.033. While formal probate often takes six to twelve months, having paperwork organized in advance can shorten delays and reduce stress. Will and Estate Planning Documents: Locate […]

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How can beneficiaries challenge a trustee who misuses trust funds in Missouri?

Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Under Missouri law, trustees must follow strict fiduciary duties set by the Missouri Uniform Trust Code (RSMo § 456.040). These duties include loyalty, prudent administration, and an obligation to keep beneficiaries informed. When a trustee misuses trust funds, beneficiaries have […]

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How to Determine if a Transferred Vehicle Is Estate Property After a Decedent’s Death in Missouri

Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney for advice about your situation. Detailed Answer Under Missouri law, a decedent’s probate estate generally includes all property the person owned or controlled at death. Missouri Revised Statutes §473.063 defines “probate estate” to include every interest the decedent held […]

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How can I obtain proof of lost wages when my former employer will not provide payroll records? (MO)

Detailed Answer: Obtaining Proof of Lost Wages in Missouri If your former employer refuses to provide payroll records, you still have several options to document your lost wages under Missouri law. Start by gathering any records you can access—pay stubs, bank statements showing direct deposits, W-2 or 1099 forms, and calendars or time logs that […]

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