Missouri Estate Planning Forms
Missouri Estate Planning Forms

 

Missouri NonProbate Transfers Law

Explanation and Instructions Document

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Updated November 2019

 

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This detailed document will guide you through the step-by-step process of applying the provisions of the Missouri NonProbate Transfers Law (as set forth in Chapter 461.003 - 461.081 of the Missouri Revised Statutes). Specifically, this document will provide you with a explanation of the law and a detailed set of instructions to guide you through the steps and procedures required to retitle your appropriate assets in the nonprobate form to avoid the probate process.

 

You can easily avoid the probate process for your assets by following the instructions as set forth in this valuable document. The cost for this document is $145 and to request such document please print this page (using the printer option on your computer or click on the printer icon at the bottom of this page) and then complete and mail this request page with a personal check (made payable to "Michael J. Denk") to:

 

 Missouri Estate Planning, LLC

c/o Michael J. Denk

P.O. Box 6464

Chesterfield, Missouri 63006

 

Your Name

 

_______________________________________________

 

 

Your Address

 

_______________________________________________

 

_______________________________________________

 

 

Your Signature*

 

_______________________________________________

 
(*Signature Required - by signing this form you acknowledge and agree to the Important Notes as set forth below.)
 
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IMPORTANT NOTES*
 
(i) By signing this request page and mailing to our office you understand and agree this form will serve as the written agreement between yourself and Michael J. Denk, Attorney at Law and Missouri Estate Planning, LLC, to provide you with one (1) Missouri NonProbate Transfers Law Explanation document. The cost is $145 per document.
 
(ii) You understand and agree the implementation of such law and the adding of nonprobate designations to the title of your appropriate assets is YOUR responsibility.
 
(iii) You understand and agree NO legal advice is being provided to you and you should consult with an Attorney of your choice for such advice.
 
(iv) You (and in behalf of your estate) hereby release and hold harmless Michael J. Denk, Attorney at Law, and Missouri Estate Planning, LLC, from any and all claims relating to your use and implementation of the information contained in such document.
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If you have any questions or concerns please email us prior to signing and returning this request form.
 
Send questions to:
 
manager@MissouriEstatePlanningForms.com

 

(or use the email form at the bottom of this page)

 

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 The Missouri NonProbate Transfers Law
 
The Missouri NonProbate Transfers Law (enacted in 1989) provides an alternative estate planning technique to that of implementing a Revocable Living Trust, a Last Will & Testament, or Joint Tenancy ownership of assets.
 
The provisions of such law allow for you to retitle your assets into a nonprobate form, such as "transfer on death" (TOD) and "payable on death" (POD), and thereby avoid the probate process. You may retitle assets such as bank accounts, automobiles, investment accounts and real estate (visit our website at www.MissouriBeneficiaryDeed.com for more information on nonprobate real estate transfers).
 
The provisions of such law are set forth in Chapter 461 of the Missouri Revised Statutes.
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A few of the advantages of implementing the provisions of the Missouri NonProbate Transfers Law include:
 
(i) The Owner of the asset retains legal title and control over the asset during his or her lifetime.
 
(ii) Title ownership of the asset is transferred by law to the named Beneficiary upon the death of the Owner, thereby avoiding the probate process.
 
(iii) The nonprobate designation may not be revoked by a Last Will & Testament.
 
(iv) The Beneficiary of the asset usually receives a full "step-up" in basis for such asset and usually with no gift tax implications.
 
(v) The asset is not subject to the creditor claims of the named Beneficiary during the lifetime of the Owner, as no interest in such asset is transferred to the Beneficiary until the death of the Owner.
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