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Can a Beneficiary Sue a Trustee in Missouri?

• February 9, 2021
• Kelvin Birk
• Estate Planning

Yes, a beneficiary can sue a trustee. But a beneficiary must prove that a trustee has breached their fiduciary duty. A beneficiary cannot mount a successful challenge simply because he/she has a personal grudge against the trustee or because he/she simply feels the trust is unfair as it was created by the trust owner.

To mount a legal challenge, a beneficiary must show that there was malfeasance, conflict of interest or incompetence on the part of the trustee.

There’s a lot to know about trusts and estate disputes, and challenging a trustee is rarely something you want to do on your own. With the help of

Do You Have to Do Probate When Someone Dies?

• February 9, 2021
• Kelvin Birk
• Estate Planning

Losing a loved one or family member is a terrible time, filled with grief and loss. Not only are you hurting inside, but you also have to deal with funeral details and other legal matters. This is especially true if the person died without a valid will and their estate must go through probate.

If you’re wondering whether you have to do probate when someone dies, the answer is “sometimes.” In Missouri, if a person’s estate is very small, then the law will allow you to skip probate in favor of a simplified process. Otherwise, you’ll go through probate, though this is significantly easier and quicker when the deceased person has a valid will or estate plan with clear d [...]

Is It Possible To Declare Bankruptcy For Student Loans?

• October 8, 2020
• Kelvin Birk
• Bankruptcy

If you are wondering “can you file bankruptcy on student loans,” then you’re not alone. Many, many students take out large student loans during college and then struggle to pay them back. That’s because college tuition seems to increase significantly each year, but annual salaries for jobs just out of college don’t pay enough to meet monthly student loan repayment obligations. It’s a trap that many people fall into.

While in most instances student loans cannot be discharged through bankruptcy, there are some narrow circumstances in which a discharge can happen. Your best bet is to ask our Cape Gira [...]

Why Farmers File for Bankruptcy

• July 10, 2020
• Kelvin Birk
• Bankruptcy

Chapter 12 farm bankruptcies continue to rise as farmers and ranchers face a prolonged downturn in the U.S. agriculture economy that’s been exacerbated by 2-3 years of poor growing seasons and retaliatory tariffs on U.S. goods. So, when you ask “why are farmers filing for bankruptcy?” – the answer is that there are multiple compounding factors. Farmers struggling to meet their debt requirements often feel overwhelmed. Skilled and experienced chapter 12 bankruptcy attorneys can review available options with farmers and ranchers and discuss a way forward that makes the most sense for each individual. These are difficult times in [...]

How long do you have to sue after an accident?

• May 21, 2020
• Kelvin Birk
• Personal Injury

Thousands of people are injured in accidents every year in Missouri.  The amount of time you have to sue after an accident depends on what kind of accident it was.  This can be confusing, so it’s important to understand the law and the statutes of limitation.

Injured parties have up to two years to file a lawsuit for some personal injuries – such as work accidents, burns, and slip-and-falls – as well as medical malpractice.  However, they have up to five years to file a civil lawsuit for car and truck accidents resulting in injury and/or property damage.

To complicate matters further, if an accident res [...]

What is an uncontested divorce?

• May 6, 2020
• Kelvin Birk
• Family Law

Divorce is never pleasant, but an uncontested divorce can be less stressful than an angry, heated, drawn-out divorce that takes months or years to resolve in court.  “Uncontested” means that neither party is fighting the divorce decree.  Both parties have agreed to divorce, and both are on the same page where child custody, child support, spousal support (if any) and division of property are concerned.

Generally, uncontested divorces take less time, legal fees tend to be lower, and paperwork is streamlined.  Even in an uncontested divorce, though, it’s good to have your own attorney. Skilled and experienced divorce lawyers know how [...]

What Happens if You Die without a Will in Missouri?

• April 10, 2020
• Kelvin Birk
• Estate Planning

Creating an estate plan is often one of those things we put off, thinking we’ll get to it tomorrow, or next week, or before the end of the year.  But what happens if you die without a will in Missouri?  None of us wants to think about that, but we should.

Creating an estate plan now means that we are caring for our loved ones by preventing a lot of headaches for them in the future.  An estate plan offers peace of mind.  All too often, people put off writing a will and creating an estate plan until “later,” but later never comes.  Our experienced estate planning attorneys at Birk Law Firm will guide you through each step in the estate planning process.  We’ll help y [...]

Who’s On Your Estate Planning Team?

• December 5, 2019
• Kelvin Birk
• Estate Planning

Estate planning is not just about what happens to your stuff when you die. It is about coordinating all aspects of your life so (i) you can be taken care of during times when you are unable to care for yourself, and (ii) your money and property are distributed to the individuals you have selected upon your death, in the way you want.

While you may visit an estate planning attorney to have your legal documents (i.e., will, revocable living trust, powers of attorney, and living will) prepared, this is only one component of making sure that your ultimate estate and financial goals are carried out. In order to accomplish this large and important task, you need a team made up of the [...]

Myths We Tell Ourselves About Estate Planning

• December 2, 2019
• Kelvin Birk
• Estate Planning

Estate planning can be a very difficult process. While it’s not brain surgery, making the decision to move forward with the planning requires us to face the fact that we will not live forever. This thought can stop many people right in their tracks. Others talk themselves out of seeing a qualified attorney to put together an estate plan based on some of the following common myths:

Myth #1: Only the Rich Need Estate Planning

When we hear about estate planning on the news or read about it on the internet, it is usually in regards to a wealthy businessman or celebrity who made some error, did no planning, or has family members who are angry about the pl [...]

The Role of an Agent Under a Power of Attorney

• November 27, 2019
• Kelvin Birk
• Estate Planning

For most people, the phrase “power of attorney” means very little. Even for those educated on the subject, it is easy to forget exactly who serves what role and why. Whether you are unfamiliar with the concept or simply need of a refresher, keep reading to learn what it means to be an agent under a power of attorney. At Birk Law Firm, we regularly draft powers of attorney as part of an estate planning package of documents.  Also, we will draft only a power of attorney if that is all that you are needing at that time.

To start, it helps to understand what is being asked of an agent under a power of attorney. A person appointed to the role becomes a re [...]