Missouri Small Estate Affidavits

There are many reasons why it may be necessary to seek guardianship or conservatorship for a relative. Perhaps, an elderly parent has suffered from mental decline and is no longer able to make decisions for his or her care. Alternatively, a minor child’s  parents may be deceased or unable to care for him or her. Decisions about seeking guardianship/conservatorship can be difficult, but our attorneys are standing by to assist you.

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Missouri Guardianship and Conservatorship

There are many reasons why it may be necessary to seek guardianship or conservatorship for a relative. Perhaps, an elderly parent has suffered from mental decline and is no longer able to make decisions for his or her care. Alternatively, a minor child’s  parents may be deceased or unable to care for him or her. Decisions about seeking guardianship/conservatorship can be difficult, but our attorneys are standing by to assist you.

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Missouri Expungements

In 2018 Missouri passed a new comprehensive expungement law, which is now codified at 610.140 RSMo. Under the new law approximately 1,900 offenses can now be expunged. A petition to expunge a misdemeanor may be filed one (1) years after completion of any sentence or probation period. A petition to expunge a felony may be filed three (3) years after completion of any sentence or probation period.

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Last Will & Testament

A Last Will & Testament serves as the foundation of many estate plans. Although many other methods now exist to transfer property on death, a Will is still a an important part of any estate plan. Use of a Will allows the naming of a personal representative (sometimes called an executor), waiving certain expensive or complex court rules, and for disposition of property, including gifts for long term support. This article will discuss some of the basic Will planning considerations to think about in planning your estate.

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Name Changes in Missouri

There are many reasons why a person may desire to change his or her name. Whether due to family circumstances or otherwise, name changes have been a common occurrence throughout history. Did you know that Paul Revere was originally known as Appollo Rivoire? President Gerald Ford started life as Leslie King. More recently, President Bill Clinton was originally known as William Jefferson Blythe IV.

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Missouri Beneficiary Deeds

We are often asked about methods to distribute property to client’s heirs without the need for probate. Once important way to keep real estate from being subjected to probate is the use of a beneficiary deed. Such deed allows the present owner of the real estate to maintain control of the real estate during his or her lifetime. Following his or her death the real estate can then pass directly to his or her heirs without the need of court involvement of probate.

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Missouri Equal Custody Law

A new custody law will take effect in Missouri on August 28, 2016, pursuant to HB 1550. The provisions have been reported to create a new presumption significantly favoring “equal” or “50/50” custodial time Judgments. For instance, a recent Missourian article states that the law is based on research showing that “shared parenting, or 50/50 custody” is best for children. The article further states that the law moves Missouri towards having equal custody as the norm, instead of the exception to the rule.

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Missouri Step Parent Adoptions

Under Missouri law an adoption of a minor child by a step-parent is a two (2) step proceeding. First, the rights of the child’s natural parent who the adoptive step parent will be replacing must have his or her parental rights terminated. Second, following the termination of parental rights the court must find that the adoption is in the best interest of the child, and enter a judgment of adoption.

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