Non-Probate Transfers

Below are brief summaries of important Missouri appellate cases relating to transfers of property during an individual’s lifetime, which are then challenged after the individual dies. Please click on the link below each summary to learn more about that case.

In the Estate of Wallace Jones v. Knight, 280 S.W.3d 647 (Mo. App. W.D. 2009)

The State is a proper creditor of a decedent’s estate, and the Medicaid Recovery Act does not preclude an accounting under § 461.300 to recover Medicaid benefits paid during a decedent’s lifetime. Learn More >>

Hardt v. Vitae Foundation, Inc., 302 S.W.3d 133 (Mo.App. W.D. 2009)

Unlike settlors of charitable trusts, donors of charitable gifts do not have standing to enforce the conditions of their gifts. Only the Attorney General has the ability to enforce restrictions on charitable gifts.  Learn More >>

In re Estate of Hayden, 258 S.W.3d 505 (Mo. App. E.D. 2008)

Where a decedent has a revocable life estate, the property is subject to satisfaction of the decedent’s debts, and therefore is a “recoverable transfer” under section 461.300.10(4), which can be returned to the estate.  Learn More >>

Antrim v. Wolken, 228 S.W. 3d 50 (Mo. App. E.D. 2007)

Where a power of attorney document does not specifically authorize the attorney-in-fact to alter the principal’s then existing estate plan, the attorney-in-fact breached her fiduciary duty to the principal by naming herself transfer-on-death beneficiary of the principal’s bank account.  Learn More >>

Bridges v. White, 223 S.W. 3d 195 (Mo. App. S.D. 2007)

An attorney-in-fact has authority to withdraw funds from a principal’s bank account even if this authority is not specified in the power of attorney document.  Learn More >>