LexisNexis Practice Guide: Missouri Estate Law

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