George called my office this afternoon.  His sister, Billie had been appointed as the Personal Representative of his mother’s estate a week ago.  According to him Mom had a “simple will” leaving everything to her three children equally.  He found out by word of mouth that Mom had “put Betty’s name on the title” (Betty…

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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 funded properly, whether…

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Once again last week I got to explain to a client that Wills only work through the probate system.  A very, very nice lady came in with her elderly mother’s will.  It had been prepared by an out of town firm by a lawyer recommended by a financial planner.  The will was simple, but valid.  When…

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Time and time again we get phone calls from people stating they want us to prepare a “simple will” for them. Time and time again my response is that they are likely wrong. The simple truth is that simple wills do very, very little. To be sure, there are few, limited situations where they make…

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Many times wills do absolutely nothing.  Consider this sad, true story, modified only slightly: I received a call from a client a little while back.  We’ll call her Suzy.  Her father had died four years ago.  He left a Will that said, in essence, I leave everything to my wife should she survive, and if not to…

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The general rule is that a Will or Trust is valid anywhere if it is valid “where executed, when executed”. That being said, however, if you are moving from Missouri to another state it is always a good idea to see a competent Estate Planning lawyer in your new state. This is particularly true if you are…

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