As the year begins to wind down, we invite you to look back at all the ways in which your hard work has paid off and to take time to celebrate your accomplishments with friends and family. It’s good to reflect on all of life’s blessings, and to remember all that we have to be thankful for.

And don’t forget to thaw the turkey!

In this November edition of our newsletter, we will share some of the ways you can protect your family through proper Estate Planning.

We will also review our available options pertaining to Probate Services.
We’ve also found some new funny legal stories from around the country to share with you, including a story about a repeat prison escape artist, who has upgraded to drone technology, and a Florida man who’s going to court after he lost his hand to an alligator.

Real Life Prison Break Uses Drone Delivery Technology    

A savvy South Carolina prisoner has disrupted the prison escape industry by using innovative new drone technology for his latest break out.

Jimmy Causey, serving a life sentence for kidnapping charges, received aid from an unidentified flying drone in the form of some wire cutters and a cellular phone. He used the wire cutters to cut through four fences and make his escape. He managed to get nearly 1,200 miles away, as he wasn’t reported as missing for several hours due to the realistic dummy he left behind in his bed.

Fortunately, Jimmy is back in prison — he was found asleep at a motel, holding $50,000 in cash, several burner phones, and a couple guns. This wasn’t his first time running away though, he made a similar escape in 2005, when he again used his classic dummy trick to buy enough time to escape via a trash chute into a garbage truck. But once again his plan fell apart at the motel — when he tried to order a pizza.

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The only thing you need right now is our phone number: 417-882-5858. Consider giving us a call and simply committing to start the process by setting up your first meeting (which is typically free). There is no obligation or cost to discuss your options with us, whether you meet with our lawyers in person or by phone.

We will work closely with you to help you decide on an approach that best meets your needs, and we will prepare any documents necessary to establish and implement your Estate Plan, so that you can rest easy knowing your family’s future is secure. We can also advise you on the full range of Estate Planning strategies, including the following:

• Revocable Living Trusts
• Last Will and Testament
• Funding a Revocable Living Trust
• Financial Power of Attorney and Health Care Power of Attorney
• Living Wills and Health Care Directives
• Joint Titling of Assets
• Avoiding Probate, including Payable on Death (POD) and Transfer on Death (TOD) Designations
• Irrevocable Trusts, Including Asset Protection Trusts
• Special Needs Trusts
• Succession Planning & Estate Planning for Business Owners
• Elder Law and Nursing Home Planning
• Estate Planning for Non-Traditional Families

A Florida man has been charged with illegally feeding an animal… after that animal bit off his right hand. Wallace Weatherholt, 63, was giving an out of state family a tour of the Everglades, and they wanted to see a real live Florida gator.

Weatherholt allegedly thought he could get a nine-foot gator to surface by splashing the surface of the water, and tempting the beast with food. He’s probably done this successfully before, but this time it worked a little too well, and when the gator surfaced, it took a bite out of Mr. Weatherholt.

To add insult to injury, Florida Police have slapped Weatherholt with a second degree misdemeanor charge for unlawfully feeding the animal, which carries a fine of up to $500 and up to 60 days in jail, should he be convicted. Alligator attacks happen often enough in Florida to warrant such laws (as if losing a limb isn’t enough of a deterrent) but are designed to protect the animals as well as people.

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Probate Law Services — Simplifying a Complex Process

Probate law can be a very long, and complicated, process. We’re here to help our clients understand what the probate process is, and when it is required.

Probate is required when someone passes away, and there is property that remains titled into the deceased’s name.

Essentially, when someone passes away, any property that is still titled in that person’s named becomes “stuck” that way.

Probate is the process of getting the property “unstuck” out of that deceased person’s name, and getting the property to the rightful heirs or beneficiaries.

The Different Types of Probate Methods

There are several different methods of Missouri Probate, depending on the size and type of assets that are involved. Below is a very brief description of some of the Missouri Probate methods that are available.

• Typical Probate Estate Administration.  Under Missouri Probate Law, if a Personal Representative is to be appointed, it is called a “regular” or “typical” probate administration. You generally have one year from date of death to begin a typical probate administration. A typical probate estate is usually more than $40,000, but this method could be used if the estate is under $40,000, though that would usually not be the preferred method. For more information on regular probate administration in Missouri, see our page on “Typical Probate Administration”.

Many probate estates are a normal probate administration, as described above, meaning a Personal Representative is appointed to be in charge of the probate estate. In some other methods of probate, however, no Personal Representative is appointed, and these methods are sometimes collectively referred to as “dispensing with administration”:

• • Small Estates.  According to Missouri Probate Law, if a decedent has less than $40,000 of net assets that need to be probated, a Missouri Probate Attorney may select the “Small Estate” method of probate which is much quicker and simpler than a “Typical Probate Administration”.  For more information on Missouri small estates, see our page on “Small Estates”

• Refusal of Letters in Favor of Spouse, Minors, Dependents, or Creditors. As specified in Missouri Law, if the decedent is survived by a spouse, minor children, or even by creditor(s), the applicable surviving parties may ask the probate court to NOT appoint a Personal Representative, and instead award property to any such parties. For more information on Probate refusals in Missouri, see our page on “Refusal of Letters of Administration”

• Determination of Heirship. What if it has been more than one year since the date of the decedent’s death? If a Personal Representative cannot be appointed because it has been more than one year since date of death, Missouri probate law authorizes a probate attorney to petition the Probate Court to formally and officially determine who are the rightful and legal heirs of the decedent. For more information on this method of Probate, see our page on “Petition for Determination of Heirship”

• Affidavit of Heirship. If you could otherwise use the “Determination of Heirship” proceeding above, and the only asset being dealt with is real estate, there is an exception that may allow you to avoid probate for that real estate only. This method is called “Deed of Heirship” or “Affidavit of Heirship”. To use this exception and avoid probate court you will have to be able to locate and name all potential heirs, and it works best if all heirs, and their spouses, will be cooperative in the creation of this document. The Affidavit of Heirship is one of the only probate avoidance techniques that can be accomplished after someone has already passed away. Please see our webpage entitled “Affidavit of Heirship” for more detailed information on this method of probate avoidance.

Click here for more information about Probate Law Services