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What is a Durable Power of Attorney?

A Power of Attorney is a legal document that allows one individual to act on another’s behalf. The person granting the powers is called the principal. The person authorized to act on the principal’s behalf is called the agent or attorney in fact. The Power of Attorney document spells out the powers that you are […]

What is a Revocable Living Trust?

At its heart, a revocable living trust is an agreement. Revocable means that the agreement is able to be revoked or amended during the Grantor’s life. Living means that the agreement is made while the individual is alive, as opposed to a testamentary trust which is made through a deceased individual’s Will. The trust agreement […]

What are the Requirements for a Valid Last Will & Testament in Missouri?

In Missouri, there are 5 requirements for a will to be valid: It must be in writing; It must be signed by the testator (the person making the Will) or by someone by his direction and in his presence; Testator must be over age 18; Testator must be of sound mind; and It must be […]

What’s the Best Part of Estate Planning?

From my perspective, as the attorney, the best part of estate planning is the people. Daily, I get to meet and help great people. And part of estate planning is that it isn’t only about the client – client’s plan for themselves as well as their children, grandchildren, and loved ones. Estate Planning brings out […]

What is Tenancy by the Entirety?

Tenants by the Entirety is based on the longstanding idea that when a man and woman marry, they create a new entity, a marital unit. Thus, husband can own property, wife can own property, and the marital unit can own property as tenants by the entirety. Tenants by the entirety is separate and distinct from […]

How do I create an LLC in Missouri?

Missouri has made it easy and inexpensive to set-up a Limited Liability Company (LLC). The Missouri Secretary of State’s website (www.sos.mo.gov) has a system called the “Missouri Online Business Filing System” where one can file an LLC’s Articles of Organization in less than 10 minutes. An LLC’s Articles of Organization creates the LLC. The Articles […]

Special Needs Trusts in Missouri

Here are answers to a few of the commonly asked questions regarding Special Needs Trusts (SNT) in Missouri. What is a Special Needs Trust? A special needs trust is a trust designed for beneficiaries who are disabled, either physically or mentally. It is written so the beneficiary can enjoy the use of property that is […]

Death of Supreme Court Justice Antonin Scalia (1936-2016)

Hearing the news that Justice Antonin Scalia died came as a surprise. It made me think of the impact he had – on the nation as a whole and on me. As a young law school student, I was presented with several methods of interpreting the US Constitution. Scalia’s way of explaining his method was […]

How Much Will I Owe in Estate Tax?

One common question clients have is, “How much Estate Tax will I owe?” For most clients, the answer is “None.” As of 2016, the United States Estate Tax Exemption is $5.45 million ($5,450,000) per person. There is portability of the exemption between married couples so married couples effectively have an exemption of $10.90 million. That […]

Probate Fees in Missouri

When one’s estate passes through probate in Missouri, there are a number of fees that the estate will face. There can be (1) bond premiums, (2) cost of publication in a local newspaper, (3) court costs, and the largest expense (4) attorney fees. By statute, Missouri law establishes a minimum fee schedule for estates passes […]

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