Probate & Trust Law
HB 130 / SB 213 – Adult Guardianship.
Enacts the Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act; changes the laws regarding guardianship of an
incapacitated person; changes the laws relating to jurisdiction and
communications with out-of-state courts, individuals and other entities
in guardianship proceedings.
Support.
HB 230 – Missouri Uniform Trust Code.
Changes the laws regarding the Missouri Uniform Trust Code, including
specifying that a tenancy by the entirety property will automatically be
deemed to be held by a husband and wife as a tenancy by the entirety
property if the transfer of the property to a joint revocable trust is
invalidated or terminated while the husband and wife are living; allows a
trust instrument to appoint a trust protector; codifies the common law
principle that a husband and wife may devise an estate held as a tenancy
by the entirety by a joint testamentary disposition.
Oppose as drafted.
*HB 398 / SB 60 – Missouri Uniform Trust Code and Uniform Principal and Income Act.
Changes the laws regarding powers of attorney, the Missouri Uniform
Trust Code, and the Uniform Principal and Income Act; specifies that a
power of attorney is not required to expressly authorize the attorney in
fact to amend or revoke a trust agreement if the trust agreement
expressly authorizes; allows an attorney authorized in a power of
attorney to make an anatomical gift of the principal’s body or exercise
the right of sepulcher; clarifies when the consent of a person who is
represented by another person is binding; provides a period of time
(from 60 to 120 days) for a trustee to notify qualified beneficiaries
after certain trust activity; changes unitrust computation and
calculation of payments and brings the procedures into compliance with
federal tax laws; corrects Missouri law to correlate with federal tax
law with regard to retirement plans and marital deductions; clarifies
trustee adjustment and how trust receipts should be paid from the trust.
Drafted by the Missouri Bar Probate and Trust Law Committee
*HB 399 / SB 59 – Missouri Uniform Trust Code.
Changes the laws regarding the Missouri Uniform Trust Code; allows
trustees of discretionary trusts to amend or create a new trust without
the need of a court hearing, where such action does not impair the
purpose of the original trust; sets forth conditions under which a
creditor may attach a trust’s assets; clarifies a settlor’s liability
where a settlor retains a power of appointment in a trust.
Drafted by the Missouri Bar Probate and Trust Law Committee
SB 198 – Estate tax. Repeals the estate tax.
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