Wills And Estates

  • Will Considerations When You Have Minor Children

    … or if the surviving parent is unfit, having a responsible and trusted guardian to look after your child is critical. If you are not in a relationship with your child’s parent, you likely want to devise part or all of your estate to your child. However, as a minor, the child will not have the right to control any assets or property until he or she is 18…

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  • Is a Sweetheart Trust Right for You and Your Spouse?

    … As part of a comprehensive estate plan, many people opt to form a trust to which they transfer ownership of their property and assets. However, there are many types of trusts you can form under Missouri trust laws, and the type of trust that is right for you will depend on many factors. Such factors may include: Your familial situation…

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  • The Duties of a Successor Trustee

    … When you form a living trust, you will be able to serve as the trustee and manage your property and assets in the trust. However, once you pass away, someone else will need to take over these duties in accordance with your instructions. When you are choosing someone to act as your successor trustee, you should carefully consider all of the duties…

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  • Is it Time to Update Your Will?

    … own at that time. State laws have changed – You always want to make sure your will adheres to all state laws and is valid and enforceable under the law. Your trusted estate planning attorney can help to advise you of any relevant changes in Missouri law that may affect your will. Even if none of the above major events have occurred, time…

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  • The Estate Planning Toolbox — Part 2

    … become most effective after you have passed away, a durable power of attorney protects you and your estate during your life. This is a document that must be created in accordance with Missouri law that gives another person the right to act on your behalf if you become incapacitated. A durable power of attorney generally comes into effect if you…

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  • The Estate Planning Toolbox – Part 1

    … If you have any assets that you plan to leave to your family or other causes or people you care about, you should speak to an estate planning lawyer about your options. To schedule a consultation with St. Louis estate planning attorney Kenneth P. Carp, call our office today at 636-947-3600 or contact us online. 1https://www.law.cornell.edu/wex…

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  • FAQ About Trusts in Missouri

    …, such as the appointment of a guardian for minor children. Call a St. Louis Estate Planning Lawyer Today to Schedule a Free Consultation If you are considering forming a trust or need estate planning advice, you should contact the Law Offices of Kenneth P. Carp today. To schedule a free consultation with Mr. Carp, all 636-947-3600 or contact us online…

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  • Will Creation Checklist

    …. To schedule a free consultation with St. Louis estate planning lawyer Kenneth P. Carp, call our office today at 636-947-3600 or send us an email through our online contact form. 1 https://www.law.cornell.edu/wex/last_will_and_testament 2 http://www.moga.mo.gov/mostatutes/stathtml/47400000101.HTML The post Will Creation Checklist appeared first on The Law Offices of Kenneth P. Carp. …

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  • Using a Trust to Avoid Probate

    … Valuable collections Business interests Call a St. Louis Estate Planning Attorney Today to Discuss Whether a Trust Is Appropriate for You Placing your assets into a trust is an excellent way to save your family or other beneficiaries time and money when the time comes. To learn more about trust creation, schedule a consultation with Kenneth P…

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  • Do You Need to Worry About Estate Taxes in Missouri?

    …. Missouri Estate Taxes In part, Missouri statute 145.011 states that the tax rate “shall be the maximum credit for state death taxes allowed by Internal Revenue Code Section 2011.” In 2005, the IRS ceased to allow any state death tax credits, which brought the Missouri tax rate down to zero. As long as the IRS continues to disallow state credits, there…

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  • Probate vs. Non-Probate Assets

    … no owner as soon as the the owner dies and they will pass through the probate process. The probate process depends on the size of the estate, but the first thing that happens is: The probate court appoints an executor or personal representative of the estate. This individual is given the ability to act on behalf of the estate to handle all…

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  • How Can I Avoid Probate?

    … a beneficiary to receive the assets at the time of your death. Common examples include life insurance policies, retirement accounts, and bank accounts. Trusts: Your lawyer can help you establish a trust to avoid probate. In these cases, the trust holds your assets and you set the terms of the trust, which control how and when your assets…

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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 404.710.1 of the Missouri Revised…

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  • Missouri Executors – What Do They Do?

    … person’s assets and then manage them until they are distributed to inheritors. Probate Court: It may be necessary for an executor to decide whether or not probate court proceedings are necessary. By speaking to an experienced St. Louis probate attorney, an executor can review the extent of the estate and determine what probate proceedings are required…

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  • Missouri Undue Influence In a Probate Case

    … should interview the will-maker in private. If it is necessary to have a third party for the interview, such as an accountant, it should be an individual that has no financial interest in the estate. During the interview, it is important to ask open-ended questions such as “[H]ow did you decide to divide your estate in this manner…

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