Tag Archive: Probate Law

Missouri Probate Law – the Statutes

Want to see the actual Missouri Probate Statutes?  Insofar as decedents’ estates are concerned,  it is contained in three Chapters of the Missouri Revised Statutes: Chapter 472 – General Provisions Chapter 473 – Administration of Decedent’s Estates Chapter 474 – Intestate Succession and Wills Of course there are hundreds, if not thousands of Missouri Cases that have interpreted…

Missouri Probate of Older Estates

From time to time we are contacted by someone dealing with some sort of property that should have been probated, but for whatever reason was overlooked.  This could be because the asset was recently discovered, or perhaps real estate was not titled as was believed, or simple procrastination. The first thing to know is that…

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 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…

Dying Without a Will in Missouri – The Laws of Descent and Distribution

When a Missouri resident dies without a will we must look to how their property and assets are titled.  If they are titled jointly with another, such as a spouse, and it is a “survivorship interest”, then the property or asset becomes owned by the surviving owner or owners.  If it is titled with a…