Cameron Miranda
While Missouri does not recognize common-law marriages, it does recognize living trusts, also known as inter vivos trusts. A living trust in Missouri offers flexibility, control, and peace of mind for individuals looking to plan their estates. One of the primary benefits of a trust is that it bypasses the probate process, allowing for the immediate distribution of assets to beneficiaries upon the trustor's death. Missouri's probate process is not simplified as the state does not follow the Uniform Probate Code. However, small estates valued at $40,000 or less qualify for a faster and less expensive small estate procedure.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No, the State of Missouri does not recognize common-law marriage. |
| Recognition of common-law marriage from other states | Yes, a couple with a common-law marriage from another state may be considered married in Missouri. |
| Recognition of domestic partnerships | Yes, Missouri may recognize domestic partnerships, but only a few cities accept them. |
| Probate process | Missouri does not use the Uniform Probate Code, so its probate process is not simplified. |
| Simplified probate process | Available for "small" estates worth $40,000 or less. |
| Estate taxes | Missouri does not have its own estate tax. |
| Living trust | Offers flexibility, control, and privacy. Allows transfer of real property without probate. |
| Trustee | Chosen by the settlor to manage assets during and after the settlor's lifetime. |
| Beneficiaries | Chosen by the settlor to receive assets according to specified terms and occasions. |
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What You'll Learn
Missouri does not recognise common-law marriage
However, if a couple entered into a common-law marriage in a state that recognises them, such as Kansas, and then moved to Missouri, their marriage would be considered valid in Missouri. This is because a marriage recognised in one state is generally deemed valid in another state, according to the Constitution.
Missouri does, however, recognise living trusts. A living trust in Missouri, also called an inter vivos trust, is set up by the settlor, the person who owns the assets going into trust. The settlor chooses a trustee to manage the assets in the trust for their benefit while they are alive. The most common choice for a trustee is the settlor themselves, so they remain in complete control. One of the primary benefits of a trust is that it does not have to go through probate, and distributions under the trust can happen immediately upon the death of the settlor if that is their wish.
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Probate process for small estates
Missouri does not use the Uniform Probate Code, so its probate process is not simplified. However, if the estate is worth less than $40,000, it will qualify for a small estate procedure, which is faster and less expensive than regular probate. This procedure is called a "small estate proceeding" and allows your loved ones to transfer your property more quickly.
To open the small estate proceeding, you'll need to file an Affidavit to Establish Title of Distributee. You can file this document only if you're the personal representative of the estate or an heir. This affidavit must include the following attachments:
- An itemized description of all property of the deceased person, as well as the names and addresses of those currently in possession of the property.
- Names, addresses, and relationships of the people entitled to the property.
- A list of creditors and amounts owed, if necessary to bring the value of the estate down below $40,000.
You'll need to pay some fees when filing the affidavit. These might include a publication fee for a newspaper to publish a notice to creditors of the deceased (required if the assets are between $15,000 and $40,000).
A small estate affidavit may be filed at any time, including after the one-year deadline for opening formal estates. Although the statutes do not explicitly require an attorney, most counties (including St. Louis County and St. Louis City) will almost universally require an attorney for a small estate proceeding. Some more rural counties throughout Missouri will allow a small estate affidavit to proceed without an attorney.
There are several forms available for use in various probate legal actions, such as those relating to transferring a deceased person's property to the spouse, unmarried child or children of the deceased, or to a person or business that the deceased person may have owed money to. Court clerks may be able to provide assistance in completing these forms.
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Transfer-on-death deed
In Missouri, a beneficiary deed, also known as a transfer-on-death deed, is a legal instrument that allows you to transfer real property to a designated beneficiary upon your death without the need for probate court proceedings. This means that the beneficiary will automatically receive the property without having to go through the probate process, which can be time-consuming and costly.
To create a valid transfer-on-death deed in Missouri, several requirements must be met. Firstly, the property owner must have the legal capacity to create the deed, typically by being of sound mind and at least 18 years old. Secondly, the deed must clearly indicate the owner's intent to transfer the property to the named beneficiary upon their death. The language used in the deed must be specific and unambiguous.
It is important to note that the deed must be signed by the property owner and notarized. Additionally, it should be recorded with the county recorder of deeds before the owner's death to ensure its validity. The transfer-on-death deed allows the property owner to retain control over their property during their lifetime. They can sell, mortgage, or otherwise manage the property as they wish. The beneficiary has no legal rights to the property until the owner's death.
Furthermore, the transfer-on-death deed offers flexibility. The property owner can revoke or change the beneficiary designation if circumstances or preferences change. This type of deed is also beneficial for tax purposes. The transfer is generally considered a non-taxable event for income tax, and there is no immediate impact on property taxes during the owner's lifetime.
In conclusion, the transfer-on-death deed in Missouri provides a straightforward and efficient way to transfer real property upon the owner's death, avoiding probate and ensuring that the owner's wishes are carried out seamlessly. However, it is always recommended to consult with a legal professional to ensure that the deed complies with Missouri's specific legal requirements and aligns with the owner's estate planning goals.
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Living trust and will
A living trust and a will are both key estate planning tools meant to protect and distribute assets to your loved ones. However, they differ in what they can include and how they are managed.
A will is a legal document that details your assets, including money, personal property, and real estate, and provides instructions for how you would like them to be handled after your death. A will names a beneficiary or beneficiaries to receive your assets and a trustee who will be responsible for distributing them. Wills can also name guardians for any dependents, designate power of attorney, and name your end-of-life healthcare decisions. The assets mentioned in a will are typically required to go through the probate process, which can be time-consuming and involve significant court costs and lawyers' fees.
On the other hand, a living trust is a trust fund where your assets are held until a predetermined time, as set out in the legal documentation that validates its status as a trust. The assets within a living trust are distributed either upon your death or another date of your choosing. Like a will, a living trust names beneficiaries and a trustee. However, a key difference is that assets in a trust can be distributed before death. For example, you could put money or property deeds into a trust account to be given to your child when they turn 21. A living trust typically allows you to bypass the probate process and distribute your assets according to your wishes. Additionally, a living trust can provide flexibility and control while providing peace of mind. A revocable living trust, for example, lets you keep your assets while they remain in trust.
In Missouri, creating a living trust allows you to maintain maximum control over your assets both during your lifetime and after your death. During your life, you can use and control your assets with little change. After your death, the trustee continues to manage your assets and distribute them according to the terms you have set up in your trust. A living trust in Missouri also offers privacy since it never becomes a public record and does not require any court proceedings. However, it is important to note that Missouri does not use the Uniform Probate Code, so its probate process is not simplified. If your estate is worth less than $40,000, it will qualify for a small estate procedure, which is faster and less expensive than regular probate and a living trust.
In conclusion, both living trusts and wills are important estate planning tools that serve unique purposes. A will is a relatively simple and cost-effective way to outline your wishes for your assets after your death, while a living trust provides more control over your assets during your lifetime and allows you to bypass the probate process. Depending on your specific needs and circumstances, you may choose to have either a will or a living trust in place, or you may decide to incorporate both into your estate plan.
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Domestic partnerships
The State of Missouri does not recognise common-law marriages. All common-law marriages in Missouri are considered "null and void" by state law. The term "cohabitation" is used to refer to two people who are in a relationship and living together while not married, but it is not a legal term in Missouri. Couples do not have any cohabitation rights under state law.
Missouri also does not recognise domestic partnerships. However, the cities of Kansas City and St. Louis do recognise domestic partnerships and have a domestic partnership registry. Registering a domestic partnership gives couples some of the same rights enjoyed by married people. For example, in Kansas City, domestic partners may be recognised by the city if they share certain expenses related to the basic necessities of life.
If there are children involved in a same-sex domestic relationship, family law attorneys can assist in determining custody. It is also possible to arrange a fair property distribution for both partners under Missouri domestic partnership statutes.
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Frequently asked questions
No, Missouri does not recognize common-law marriages. Common-law marriages in Missouri are declared "null and void" by state law. However, if a couple entered into a common-law marriage in a state that recognizes them, such as Kansas, and then moved to Missouri, their marriage could be considered valid in Missouri.
A living trust in Missouri, also known as an inter vivos trust, is a legal arrangement where the settlor, or the owner of the assets, transfers their assets into a trust. The trustee then manages the assets for the benefit of the settlor during their lifetime. After the death of the settlor, the trustee distributes the assets according to the terms set up in the trust.
One of the primary benefits of a living trust in Missouri is that it avoids probate, which can be a lengthy and costly process. A living trust also provides flexibility, control, and privacy, allowing you to maintain maximum control over your assets during your lifetime and after your death.
To create a living trust in Missouri, you need to choose a trustee who will manage the assets in the trust. You can select anyone as the trustee, but it is common to name yourself as the trustee to maintain complete control. You will also need to decide which assets to include in the trust and choose your beneficiaries.
