Legal Question in Wills and Trusts in Missouri

In order for a revocable Living Trust to work properly assets must be re-titled into the name of the Trustee, or beneficiary designations set accordingly. Unfortunately this does not always happen, and the result is often the need for a probate administration. You might ask the firm if they have any responsibility for failure to re-title the assets, if indeed this is the case. You might also try to track down the lawyer who did the work.

Also, the statement that the assets would be transferred "immediately" upon death is somewhat misleading. Trust based planning does provide for a much faster and more efficient transfer, but "immediately" is not an accurate term.

No, you cannot handle a probate administration in Missouri without a lawyer -- it gets into "unauthorized practice of law" -- but that's another discussion. It's rather difficult to talk about the fees without knowing a lot more about the composition of the estate.

There are many lawyers who handle probate -- including us. We handle them throughout the state. You are in no way obligated to use the firm who prepared the documents - or any other lawyer. You have every right to choose who you wish.

Hope this helps. You may reach us at rick@kctrustlaw if you wish.