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Beneficiary Deeds. This transfer upon death will take place without the real estate having to go through probate and without having to jointly title such property with children, spouses, or other intended beneficiaries while the owner is still alive.
Cons To Using Beneficiary Deed Estate taxes. Property transferred may be taxed. No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits. Medicaid eligibility. ... No automatic transfer. ... Incapacity not addressed. ... Problems with beneficiaries.
Revoking the deed. You have two options: (1) sign and record a revocation or (2) record another beneficiary deed, leaving the property to someone else. You cannot use your will to revoke or override a beneficiary deed.
A beneficiary deed is a type of real estate deed that is used in estate planning to ensure that your home or land avoids probate. Missouri statute section 461.025 authorizes the use of beneficiary deeds in the state of Missouri.
461.300. Recipients of recoverable transfer to pay pro rata share of all property received to cover statutory allowances and claims due estate, enforced by action for accounting, time limitation ? action effect on transferring entity.
Like with wills or trusts, nonprobate transfers can be challenged and voided in court. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void. See Section 461.054, RSMo.
At your death, the real estate goes automatically to the person you named to inherit it (your "beneficiary"), without the need for probate court proceedings. (Mo. Rev. Stat.
A nuncupative (oral) will is valid in Missouri if all the following conditions are met: ? The testator is in imminent peril of death. ? The testator died because of the impending peril. disinterested witnesses.