Legal Considerations for Disposing of Dead Human Remains in Missouri
202408.02
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Legal Considerations for Disposing of Dead Human Remains in Missouri

The handling and disposal of human remains in Missouri are governed by a combination of state laws and regulations, which aim to ensure public health, respect for the deceased, and the rights of families. This article provides an overview of the legal framework surrounding the disposal of human remains in Missouri, including burial, cremation, and…

202407.24
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Legal Considerations in Missouri Will Signings: Ensuring Validity and Mitigating Disputes

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…

202407.24
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Do not forget two key components of any estate plan:  a Durable Power of Attorney for Healthcare and an Advanced Healthcare Directive

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…

202201.31
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Do You Need an Elder Law Attorney?

Who Are They?  In its 2015 National Lawyer Population by State report, the American Bar Association indicated there were 25,337 attorneys in Missouri.  Before you think that indicates we have more than enough attorneys, please note the ABA also reported that 11,656 of those attorneys are “Idle Attorneys” or those who are licensed and on…

202011.30
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Who decides what happens to your human remains?

“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…

202003.19
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A practical guide to guardianship and conservatorship in Missouri (part 2 of 2)

This article continues our examination of the guardianship and conservatorship process in Missouri. We pick up the process after the adjudication hearing is held… If the Petitioner proves by a preponderance of the evidence that the Respondent is incapacitated or disabled, or both, the court will seek to determine the degree of supervision necessary for…

202002.21
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A Practical Guide to Guardianship and Conservatorship in Missouri (part 1 of 2)

A guardianship proceeding is a legal process of determining a person’s capacity and the ability he or she has to make decisions regarding his or her health, safety and welfare. The person at issue is generally referred to as the Respondent until a final determination is made. Once he or she is determined to be…

201909.26
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What seniors should know about debt collection – part one of two

This two-part article takes a look at what seniors should know about debt collection. Americans are going further and further into the red. Experian Information Solutions reports that consumer debt in the United States reached $13 trillion in the fourth quarter of 2018. Helping to comprise that total debt are credit card debt at $834…

201903.12
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Reverse mortgages – the good, bad and the ugly

Congratulations seniors, these are your Golden Years. Your Social Security check exceeds your expenses and your children are all doctors and lawyers who never ask for handouts and seem terribly happy with their lives. You have very few wrinkles and a head full of dark hair. Your home continues to appreciate annually and your mortgage…

201902.22
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Should Seniors Create a Written Contract When Paying Relatives for Elder Care?

According to the State of Missouri’s Office of Administration, our state’s elderly population has increased more consistently and proportionately than any other age group. While Missouri residents age 65 and over represented only 10% of the population in 1950, by 2030 the Office of Administration predicts their numbers will represent more than 20% of all…