LexisNexis Practice Guide: Missouri Estate Law

This practice guide is essential for Missouri attorneys facing estate planning issues. The 20 included forms are invaluable to daily practice.
Publisher: Matthew Bender

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2019 Edition
ISBN: 9781522167136
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2019 Edition
ISBN: 9781522167143
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2019 Edition
ISBN: 9781522167143
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Experience the new standard in practice guides. The LexisNexis Practice Guide: Missouri Estate Law gives you step-by-step guidance in the areas of estate planning and other related issues and quickly points you to information and answers for the many questions and tasks you may have.

With this guide, you get complete and current coverage on the many activities related to Missouri Estate Law Practice, including basic estate planning, power of attorney, health care decision planning, last wills and testaments, nonprobate transfers, and revocable trusts.
For a complete list, see the full Table of Contents below.

With its concise writing style, streamlined chapter format, abundance of forms, and abundance of relevant statutory authority, you’ll find a practice guide that’s easy for you to use.

Forms are included.

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Table of Contents

Chapter 1 ANATOMY OF THE DEVELOPMENT OF ESTATE PLAN

PART I: CHAPTER OVERVIEW
§ 1.01 Scope
§ 1.02 Overview of Anatomy of the Development of Estate Plan

PART II: THE PLANNING PROCESS FROM A TO Z
§ 1.03 Initial Contact and Preparation for the First Meeting
§ 1.04 The First Meeting
§ 1.05 Obtaining Information from Client for Development of the Plan
§ 1.06 Execution of Plan; Review and Signing Meeting

PART III: FORMS
§ 1.07 Estate Planning Questionnaire—Long Form
§ 1.08 Estate Planning Questionnaire—Short Form
§ 1.09 Engagement Letter—single person
§ 1.10 Engagement Letter—married couple

Chapter 2 DURABLE POWER OF ATTORNEY

PART I: CHAPTER OVERVIEW
§ 2.01 Scope
§ 2.02 Overview of Durable Power of Attorney

PART II: DURABLE POWER OF ATTORNEY BASICS
§ 2.03 Utility of a Durable Power of Attorney and the Parties Thereto
§ 2.04 Execution Formalities
§ 2.05 Effective Date

PART III: POWERS OF ATTORNEY-IN-FACT
§ 2.06 General Powers
§ 2.07 Specific Powers
§ 2.08 Prohibited Powers
§ 2.09 Duties of Attorney-in-Fact

PART IV: FORMS
§ 2.10 Durable Power of Attorney
§ 2.11 Limited Durable Power of Attorney

Chapter 3 HEALTH CARE DECISION PLANNING

PART I: CHAPTER OVERVIEW
§ 3.01 Scope
§ 3.02 Overview of Health Care Decision Planning

PART II: HEALTH CARE POWER OF ATTORNEY
§ 3.03 Purpose and Benefits
§ 3.04 Powers of the Attorney-in-Fact; Execution Formalities
§ 3.05 When Effective
§ 3.06 Revocation

PART III: HEALTH CARE TREATMENT DIRECTIVE (LIVING WILL)
§ 3.07 Purpose and Benefits
§ 3.08 Execution Formalities and Operation

PART IV: FORMS
§ 3.09 Durable Power of Attorney for Health Care Decisions
§ 3.10 Health Care Treatment Directive (Living Will)
§ 3.11 Living Will Declaration (Statutory short form)
§ 3.12 HIPAA Authorization

Chapter 4 LAST WILL AND TESTAMENT

PART I: CHAPTER OVERVIEW
§ 4.01 Scope
§ 4.02 Overview of Last Will and Testament

PART II: WILL BASICS
§ 4.03 Why Should I Have a Will?
§ 4.04 Statutory Requirements for a Valid Will
§ 4.05 Self-Proving Wills
§ 4.06 Personal Representatives
§ 4.07 Types of Wills

PART III: FORMS
§ 4.08 “Simple” Will
§ 4.09 Will with Testamentary Trust (single person with children)
§ 4.10 Will with Testamentary Trust (married couple or partners with children)
§ 4.11 Pour-Over Will

Chapter 5 NONPROBATE TRANSFERS

PART I: CHAPTER OVERVIEW
§ 5.01 Scope
§ 5.02 Overview of Nonprobate Transfers

PART II: GOVERNING LAW
§ 5.03 Missouri Nonprobate Transfers Law
§ 5.04 Creditor Rights

PART III: TYPES OF NONPROBATE ASSETS
§ 5.05 Beneficiary Deeds
§ 5.06 Tangible Personal Property
§ 5.07 Bank Accounts and Securities

PART IV: FORMS
§ 5.08 Beneficiary Deed
§ 5.09 Transfer of Business Interest Upon Death
§ 5.10 Transfer of Tangible Personal Property Upon Death

Chapter 6 REVOCABLE TRUSTS

PART I: CHAPTER OVERVIEW
§ 6.01 Scope
§ 6.02 Overview of Revocable Trusts

PART II: REVOCABLE TRUST FUNDAMENTALS
§ 6.03 Basics of a Revocable Trust
§ 6.04 Benefits and Advantages
§ 6.05 Trust Funding

PART III: A TRUST IS ONLY AS GOOD AS ITS TRUSTEE
§ 6.06 Trustee Selection
§ 6.07 Trustee Duties and Obligations
§ 6.08 Trustee Powers
§ 6.09 Trustee Role under a Directed Trust

PART IV: FORMS
§ 6.10 Revocable Living Trust (single person with children)
§ 6.11 Revocable Living Trust (married person with children, A/B trust)
§ 6.12 Joint Revocable Living Trust (married couple with children, no A/B trust)

TABLE OF STATUTES

INDEX