Missouri Probate Administration with non-Missouri Real Estate

Well, that’s kind of a mouthful. What happens if a Missouri resident dies with real estate that is subject to probate, but that is located in another state. In most cases it means that a second, “ancillary” administration must be opened in another state.  Depending on the state and a whole lot of other matters…

Missouri Probate – Reading of the Will

Occasionally we are asked about the “reading of a will” after a loved one has died.  While some lawyers may engage in this seemingly dramatic event, I never have, and I don’t know of anyone who does.  Insofar as I’m concerned it’s a Hollywood thing.  There is certainly nothing in Missouri Law that requires it,…

Missouri Small Estate Affidavit Form

We are often asked for forms for Missouri Small Estate Affidavits.  Here is one from Clay County.  Different counties have slightly different versions so you should check with the County where you will need to file yours.  In our office we sometimes use the forms, and sometimes draft our own, depending on the facts at…

When is Probate Required in Missouri?

A loved one has died.  How do you know if a probate proceeding will be needed? The answer is really simple, although gathering the information needed may take some work. Let’s use a Certificate of Deposit at a bank as an example.  If the CD was in the decedent’s name alone, and there is no…

Missouri Healthnet (Medicaid) Estate Recovery and Beneficiary Deeds

We are increasingly seeing a situation that generally follows this pattern: 1.  After Dad dies, Mom creates a beneficiary deed transferring her home to her children equally on her death.  Let’s say this happened in 2003. 2.  In September, 2009, Mom goes into the nursing home and immediately qualified for Medicaid coverage (technically “HealthNet” in…

Missouri Probate – Supervised or Independent?

In Missouri Probate administrations (other than small estates) are administered in one of two modes — Independent or Supervised.  The names are fairly descriptive.  In a Supervised administration the Court must approve most actions taken by the Personal Representative.  On the other hand, in an Independent administration the Personal Representative handles most of the matters…