Probate Fees in Missouri

In Missouri, Probate Fees consist of several components.  The most common are attorneys' fees, which are generally governed by Statute.  Additionally there are court costs and publication fees that must be paid, and depending on the situation, Bond Premiums and fees charged by the Personal Representative, or Executor.  Fees are generally a function of the size ...

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Estate Tax – an Update

The status of the Estate Tax, or lack thereof, continues to be a subject of speculation and confusion, and provides a challenge to anyone who might be impacted.  There is no lack of information or opinions as to what will happen next. For an excellent status report and history lesson, the special report edited by ...

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Avoiding Probate in Missouri

We are asked constantly about avoiding probate.  There are many ways to do this.  What works best for your situation is a very highly individualized matter.  Essentially there are two ways.  Beneficiary Designations, including Transfer on Death and other similar tools; and Revocable Living Trusts Joint ownership of property also avoids probate provided it is a survivorship interest, ...

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Beneficiary Deeds – When to use them

Beneficiary Deeds are a handy and valuable tool.  Used properly, they transfer ownership of real estate instantly and automatically upon the death of the person or persons who created the deed, bypass probate, and they are relatively inexpensive. So -- why doesn't everybody use them all the time?  The simple answer is -- everything has a time and ...

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Small Estate Affidavits in Missouri

A Small Estate Affidavit is an instrument filed with the Probate Court.  It is one of several "short forms" of probate available.  In order to eligible, the total estate must be less then $40,000 in value.  It may not be filed until 30 days after the death.  In the affidavit you simply state the decedent's name, ...

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Missouri Estate Tax – Is there one?

With the absence of any Federal Estate Tax, at least as of right now, we occasionally are asked if Missouri has an Estate or Inheritance Tax.  In a word - no.  However, it's not technically been repealed.  Click here for an explanation from the Missouri Department of Revenue website.  As you can see, it's ...

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Pour Over Wills — What are they?

A "Pour Over" will is a document that is used as a supporting document in a Trust Based Estate Plan.  Trust based plans rely on "funding" or "retitling" of your assets, property, bank accounts, etc.  A Pour Over Will is a backup instrument that is intended to take care of anything that was not ...

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