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My Mom passed away 2 weeks ago and left a will and

Customer Question
My Mom passed away...

My Mom passed away 2 weeks ago and left a will and Beneficiary Deed of Trust for her house. Do we have to go through Probate and get a lawyer?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: What documents or supporting evidence do you have?

We have her will, Beneficiary Deed of Trust, life insurance, 2 investments and her checking account. Not much

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No she died in MO and her house is in Sullivan, MO, oh she does have a car and we have two titles for it and it is paid for. I think that is all

Submitted: 10 months ago.Category: Estate Law
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Answered in 3 minutes by:
10/3/2017
Estate Lawyer: Jessica B,
 replied 10 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,832
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my answer at the end of this session. Thank you! I am very sorry to hear of your mother's passing.

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Estate Lawyer: Jessica B,
 replied 10 months ago

Probate cases in Missouri are handled at the local county circuit court in the probate division. The process of administering the estate will vary depending on whether the decedent had a valid will and the type of probate administration the decedent's estate will have to go through. In Missouri, if a decedent’s estate is small enough, the law allows you to skip probate altogether and use a simplified process. Otherwise, you'll need to go through a formal probate process in court, either "independent" or "supervised" depending on the circumstances.

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Estate Lawyer: Jessica B,
 replied 10 months ago

Probate is necessary when a person dies with property in his or her name or with rights to receive property. Examples of having property at death include:

  • Bank accounts in the decedent’s name with no co-owner and no beneficiary designation
  • A home or land that is owned by the decedent individually
  • A home or land that is co-owned as tenants in common (not with right of survivorship)
  • Stocks and bonds in the decedents name
  • Tangible possessions such as clothing, jewelry, household furniture, and cars registered in the decedent's name only
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Estate Lawyer: Jessica B,
 replied 10 months ago

Small Estates – doesn’t require probate

  • Small Estates Affidavit - For estates of $40,000 or less and 30 days or more since the death, an attorney’s assistance isn’t required.
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Customer reply replied 10 months ago
Well I think her home is worth around $90,000 but we are still waiting on the appraisal. So her estate is worth more than 40,000. So it has to go through probate? She has a beneficiary deed of trust for her home, does that make a difference?
Estate Lawyer: Jessica B,
 replied 10 months ago

Possibly not. Is the deed of trust transferring the real estate to a trust? If it you may be able to avoid probate. If not, then you will need probate.

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Customer reply replied 10 months ago
No she did not put it in a trust, have the will and the Beneficiary Deed of Trust.
Estate Lawyer: Jessica B,
 replied 10 months ago

Does the deed state who the beneficiary is? If yes then you may be able to avoid probate.

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Customer reply replied 10 months ago
ok, I just need to call the Crawford county Probate court tomorrow.
Customer reply replied 10 months ago
Do I have to hire a lawyer too?
Estate Lawyer: Jessica B,
 replied 10 months ago

So basically Missouri law requires it if you want to proceed independently. The alternative is to proceed with a supervised probate estate, which is often specifically not called for either under the will of the decedent. Because the last will and testament controls the actions of the personal representative, often an attorney must be hired.

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Customer reply replied 10 months ago
it says the Beneficiary Deed of Trust is myself and my brother. What do we do with her 2015 Buick SUV?
Estate Lawyer: Jessica B,
 replied 10 months ago

Was the vehicle in her sole name or was there an additional name on the title?

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Customer reply replied 10 months ago
Just in her name, we have two titles and car is paid for.
Estate Lawyer: Jessica B,
 replied 10 months ago

If you inherit a vehicle and the original owner did not designate a beneficiary upon death, submit the following at your local licensing office:

  • Application for Missouri Title and License (Form DOR-108).
  • The title in the deceased person's name signed over to you by the administrator or executor of the estate.
    • If the title is missing or destroyed, the executor or administrator of the will must apply for a duplicate title in the name of the estate.
  • Original or certified copies of:
    • Letters of Administration Letters Testamentary.
      OR
    • Small Estate Certificate/Affidavit.
  • Payment of all required title, registration, taxes, and processing fees.
    • If the deceased paid all the taxes on the vehicle, the executor of the will can give the vehicle as a gift so the beneficiary will not owe any taxes.
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Estate Lawyer: Jessica B,
 replied 10 months ago

Please let me know if you have an additional question. Also please remember to rate my answer. Thank you!

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Estate Lawyer: Jessica B,
 replied 10 months ago

If you do not have an additional question, please rate my answer so that this question may be marked as closed.

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Estate Lawyer: Jessica B,
 replied 10 months ago

If there is nothing else I can help you with then please rate my answer. Thank you!

Ask Your Own Estate Law Question
Estate Lawyer: Jessica B,
 replied 10 months ago

If you do not have an additional question, please rate my answer so that I may receive credit and the question can be closed. Thank you!

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