Recording available after original program date, 10/4/2022
Missouri law for will and trust contests is well-established. But what about non-probate transfers? As non-probate transfers become increasingly common, entire estates can pass to beneficiaries without a probate estate ever being opened or a trust being used. As a result, challenging non-probate transfers is becoming an important part of fiduciary litigation. This seminar will discuss the tools available to challenge non-probate transfers, and steps planners can use to try to protect against such challenges.
Topics discussed during this seminar will include the following:
• The legal requirements for different types of non-probate transfers;
• Potential grounds for challenging the validity of non-probate transfers;
• Causes of action and remedies for challenging non-probate transfers;
• Transfers in fraud of marital rights; and
• Strategies for protecting non-probate transfers from later challenges.
Speaker: Timothy McCurdy,Mitchell, Brown & Associates, LLC, St. Louis
Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.
Tim McCurdy is Of Counsel at the firm. Tim grew up on a farm in Southwest Iowa. After obtaining his law degree from the University of Notre Dame, Tim moved to St. Louis to “watch a few Cardinals games” before returning to Iowa. Tim met his now wife and his plans quickly changed – Tim has called St. Louis home for more than twenty years.
Throughout Tim’s legal career, he has helped clients protect their rights in lawsuits throughout the country. After watching a loved one suffer from Alzheimer’s disease, Tim developed a passion for elder law. Tim’s practice now combines his more than twenty years of litigation experience with an in-depth knowledge of estate planning and probate.
Tim devotes his practice to helping families navigate disputes involving estate plans and probate administration. Tim’s trusts and estates litigation practice includes trust and will contests, the removal of fiduciaries, demands for accountings, and contested guardianships. Tim is also frequently appointed by probate judges to represent individuals facing guardianship petitions, and as a court-appointed fiduciary.
Tim also helps families protect their life savings while ensuring access to the health care they need through Medicaid and special needs planning. Tim’s elder law practice also includes helping families develop estate plans to avoid probate and to protect against future challenges to their estate plan.
Tim lives in Chesterfield with his wife, two sons, and two dogs. Outside of the office you can likely find Tim in the stands at a hockey rink or a theater cheering on his sons.