HANDWRITTEN (HOLOGRAPHIC) WILLS Missouri does not recognize holographic wills (wills that are handwritten by the testator and are not signed and attested by witnesses). All wills must be attested to by two or more competent witnesses. A handwritten will that is witnessed properly by two witnesses is valid.
A Will contest must be filed within six months of the acceptance or rejection of the Will by the probate court or six months after publication of notice that the court granted letters giving authority to the estate's administrator, whichever is later.
If the Will is not filed with the Probate Court within the required one year period, the Will becomes invalid – it is no longer any good. The Will essentially “expires”.
A Missouri beneficiary deed form—also known as a Missouri transfer-on-death deed form or simply Missouri TOD deed form—is a written document that transfers real estate at an owner's death. It works in much the same way as a POD or TOD designation on a bank account.
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You've come to the right place. Estate planning lawyers help people write instructions for the future handling of their property, finances, healthcare, and the future support and care of their loved ones.
This is the type of lawyer that you may know as just an estate law or probate lawyer. They help in the estate planning process by putting your wishes for incapacity and death into writing. They will ensure that you are presented with options to ensure your goals are carried out after your death.
It seems relatively straightforward that the estate planning lawyer is going to handle the planning. Because it can be a complicated process, here are what some of the essential job duties of an estate planning lawyer are:
Life insurance policies are set up with beneficiaries anmed at the time of purchase. The only time your life insurance would have to go through probate is if you named your estate the beneficiary, which is exceedingly rare. There are different ways to set up a life insurance payout, including lump sums, annuities and installments.
Retirement accounts such as 401 (k)s, 403 (b)s, IRAs and annuities also have beneficiaries named when you set them up. You’ll want to make sure your heirs know that if they take money out of the accounts, they’ll have to pay taxes on it. This is the only type of inheritance that can be taxed.
A living trust is a legal vehicle where you can transfer your assets and still enjoy the use of them while you are still alive. You’ll name a trustee and beneficiaries of the trust in the event of your death. Those assets can then be immediately passed to your heirs without going through probate.
Joint tenancy with right of survivorship is a way to ensure large assets like your home or vehicles immediately pass to the other party whose name is on the ownership documents.
While no person truly wants to think about their ultimate demise, it’s inevitable, and an estate planning lawyer from Wentzville, MO, can play a critical role in ensuring that all necessary plans are in place when the time comes. Many people put estate plans off for another day, but it’s essential to prioritize them.