Legal Question in Wills and Trusts in Missouri

Beneficiary deed- Minor children

How can I leave my property to my minor grandchildren on a beficiary deed? Is this even legally possible


Asked on 6/05/08, 2:35 am

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Beneficiary deed- Minor children

You might be able to use a Beneficiary Deed to transfer the property upon your death to a Trust. You would need to set up a separate Trust instrument, and you would need to name an adult trustee to manage the trust until the youngest of your grandchildren reaches the age of majority. Actually there are many different ways you could set this up. I advise you to consult with an attorney.

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Answered on 6/06/08, 12:19 am
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Beneficiary deed- Minor children

If you utilize a beneficiary deed to transfer an interest in real estate at death and at the time of your death any of those grandchildren are minors (under 18)a conservatorship in probate court will have to be established on behalf of the minor if anything is to be done with the property.

The better plan is to create a comprehensive estate plan, utilizing a revocable trust to avoid probate at your death and upon any beneficiary being disabled at the time for distribution (insufficient age being considered a disability under the law.)

If you would like help in devising such a plan, please contact me.

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Answered on 6/05/08, 11:33 am


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