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Living Trust This is by far the best option to avoid probate in Missouri in most circumstances. All of the assets in a revocable (living) trust will avoid probate. Having a trust also can help you avoid some of the problems occasionally encountered with joint ownership and beneficiary designations.
These are the general steps in creating a living trust in Missouri: Determine the type of trust for you. With your goals in mind, decide which type of trust would be the best vehicle to execute your vision. ... Decide which assets go into the trust. ... Select your trustee. ... Create your trust document. ... Fund the trust.
First, an attorney prepares a legal document called a ?trust agreement? or a ?declaration of trust? or an ?indenture of trust? which is signed by the settlor and the trustee. Secondly, the settlor transfers property to the trustee to be held for the benefit of the beneficiary named in the trust document.
Signing Your Trust Documents Typically a will requires the signature of two witnesses, and a trust must be signed in the presence of a notary public.
A memorandum of trust is also a certification, abstract, or certificate of trust. It is a shorter version of the trust certificate. It provides institutions with information they need, but allows you to keep some components confidential. You are not required to provide the names of beneficiaries.
A living trust in Missouri offers you and your family privacy since the trust never becomes public record and does not require any court proceeding.
If you make yourself the trustee, you must also designate a successor trustee who will take control of the trust when you die. Create the trust document by using software or hiring an attorney. Sign trust agreement in front of a public notary. Fund the trust by retitling assets to the trust's name.
Memorandum of Trusts Are Typically Comprised of the Following The name of the Trust. The date the Trust was established. The fact that you're the Trustmaker. The name of the initial Trustee. The name of the Successor Trustee(s) The identities of those who signed the Trust Agreement. The powers given to the Trustee.