In Missouri, if you die without a Last Will & Testament (will), your assets will be distributed according to state “intestacy” laws. In summary, those laws give your property to your closest relatives, beginning with your spouse and children. If you lack a spouse and children, your grandchildren or your parents will be next in…
If you read my monthly articles regularly, you know the cornerstone of any estate plan is a Last Will and Testament, (hereinafter, “Will”). But a Will has many limitations and should never stand alone as a plan for your future. The following are a few of the limitations for Wills: A Will does not completely…
Yes, probate is necessary unless prior to death the decedent established an estate plan that caused him or her to avoid owning property that must be administered through probate. Once an estate is opened or created in the county where the decedent last resided, probate disputes often arise during the administration of a deceased person’s…
When creating your estate plan, it is important to understand the difference between probate and non-probate assets. Probate assets are those subject to court administration in a process through which a court determines how to distribute your property after you die. Some assets are distributed to heirs by the court as probate assets while others…
The term Power of Attorney is often misused. A Power of Attorney is a legal document through which a principal appoints a person to act on their behalf as their agent or attorney-in-fact. The person acting on behalf of a principal is not a Power of Attorney as many incorrectly suggest. People use a Power…
Digital assets are simply defined as content that is stored digitally. Some common types of digital assets include photos, music, videos, power point presentations, Excel spreadsheets, Word documents, logos and other branded graphics, audio files, PDF’s, and access codes to bank accounts, credit card accounts, investments, and the like. For some, these assets comprise a…
“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Benjamin Franklin, in a letter to Jean-Baptiste Le Roy, 1789. Benjamin Franklin was correct. Death is inevitable for all of us. As a result, each Missourian should…
JEFFERSON CITY, MO, March 27, 2020 /24-7PressRelease/ — Law Office of Todd Miller, LLC is pleased to announce it was recently hired by the Jefferson City Housing Authority as its legal counsel for general counsel services and to execute its landlord/tenant law remedies. The Housing Authority has 318 units of Public Housing and 421 units…
“Where there’s a Will, there are 500 relatives” is a humorous take on the less desirable probate outcome for many Americans. But probate itself is not your enemy. Sometimes it can be a benefit. For example, the following instances often benefit from a court administering a decedent’s estate in probate: (1) family members and other…
In part one of this article, we discussed the substantial increase in consumer debt by older Americans and the anticipated increase of subsequent debt collection efforts against older Americans. Thereafter, we began a discussion of what seniors should know about debt collection so as to prepare for that unwelcome event should it arise. We now…
