Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

456.985. Act to govern powers — exceptions. — 1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment. 2. The terms of an instrument creating or exercising a power of ap…

456.990. Creations of power of appointment. — 1. A power of appointment is created only if: (1) The instrument creating the power: (a) Is valid under applicable law; and (b) Except as otherwise provided in subsection 2 of this section transfers the appointive property; and (2) Th…

456.995. Nontransferability. — 1. A powerholder may not transfer a power of appointment. 2. Except as provided in subsection 3 of this section, to the extent a powerholder dies without effectively disclaiming, exercising or releasing a power, the power lapses upon the death of th…

459.010. Definitions. — As used in sections 459.010 to 459.055, the following terms mean: (1) "Attending physician", the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient; (2) "Competent person", a person e…

459.015. Declaration, who may execute requirements of declaration — form — witnesses required, when — notice to physician — filed — where. — 1. Any competent person may execute a declaration directing the withholding or withdrawal of death-prolonging procedures. The declaration m…

459.016. Advance health care directive form and directions to be included on department website. — The department of health and senior services shall include on its website an advance health care directive form and directions for completing such form as described in section 459.0…

459.020. Revocation — mental or physical condition not considered part of medical records — liability for failure to act, when. — 1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate his intent to revoke, without regard to me…

459.025. Declaration operative, when. — The directions of a declarant able to make treatment decisions shall at all times supersede the declaration. The declaration shall be given operative effect only if the declarant's condition is determined to be terminal and the declarant is…

459.030. Physician or health facility unwilling to comply to transfer declarant. — 1. An attending physician who is unwilling to comply with the requirements of section 459.025 or who is unwilling to comply with the declaration of a patient in accordance with section 459.015 shal…

459.035. Declarant presumed to be competent. — For the purpose of sections 459.010 to 459.055, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was competent when it was executed. The fa…

459.040. Physicians not liable, when. — A physician, licensed health care professional, medical care facility or employee thereof or other person who, in good faith and pursuant to usual and customary medical standards, causes or participates in the withholding or withdrawal of d…

459.045. Unprofessional conduct by physician, when — inheritance rights forfeited, when — destroying or forging declaration — penalties. — 1. It shall constitute unprofessional conduct if a physician or other licensed health care professional or facility with actual knowledge of …

459.050. Life insurance, declaration not to affect. — 1. The making of a declaration pursuant to sections 459.010 to 459.055 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existin…

459.055. Purposes of declaration. — Sections 459.010 to 459.055 shall be interpreted consistent with the following: (1) Each person has the primary right to request or refuse medical treatment subject to the state's interest in protecting innocent third parties, preventing homici…

459.250. Registry established — definitions — submission of documents by adult declarant — confidentiality — third-party to operate registry — rulemaking authority. — 1. As used in this section, the following terms mean: (1) "Adult", an individual who is eighteen years of age or …

461.001. Transfers on death, certain provisions deemed nontestamentary, exceptions. — Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, stock certificate, account agreement, custodial agreement, deposit agreement, com…

461.003. Law, how cited. — Sections 461.003 to 461.081 may be cited as the "Nonprobate Transfers Law of Missouri". ­­-------- (L. 1989 H.B. 145 § 17)

461.005. Definitions. — In sections 461.003 to 461.081, unless the context otherwise requires, the following terms mean: (1) "Beneficiary", a person or persons designated or entitled to receive property pursuant to a nonprobate transfer on surviving one or more persons; (2) "Bene…

461.009. Nonprobate transfers not subject to requirements of a will — effect with or without consideration. — Nonprobate transfers are effective with or without consideration, and are not to be considered testamentary or subject to section 473.087, (dealing with the requirement t…

461.011. Transferring entity acting as agent for owner subject to nontransfer law, agency does not end with death of owner, duties. — For the purpose of discharging its duties under the nonprobate transfers law, the authority of a transferring entity acting as agent for an owner …

461.012. Nonprobate transfers subject to agreement of transferring entity, when. — 1. When any of the following is required, provision for a nonprobate transfer is a matter of agreement between the owner and the transferring entity, under such rules, terms and conditions as the o…

461.014. Transferring entity, obligation resulting from acceptance and registration. — When a transferring entity accepts a beneficiary designation or beneficiary assignment, or registers property in beneficiary form, the acceptance or registration constitutes the agreement of th…

461.021. Beneficiary designation under written instrument or law, effect. — A beneficiary designation, under a written instrument or law, that authorizes a transfer of property pursuant to a written designation of beneficiary, transfers the right to receive the property to the de…

461.023. Assignments effective on death of owner — delivery, effect. — 1. A written assignment of a contract right that assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner, that expressly states that the assignment …

461.025. Deeds effective on death of owner — recording, effect. — 1. A deed that conveys an interest in real property to a grantee designated by the owner, that expressly states that the deed is not to take effect until the death of the owner, transfers the interest provided to t…

461.026. Procedure to transfer tangible personal property to take effect on death of owner. — 1. A deed of gift, bill of sale or other writing intended to transfer an interest in tangible personal property, that expressly states that the transfer is not to take effect until the d…

461.027. Transferor may directly transfer property to a transferee to hold as owner in beneficiary form — transferee shall be owner of property for all purposes — transfer effective, when. — 1. A transferor of property, with or without consideration, may directly transfer the pro…

461.028. Registration of property, including accounts and securities in beneficiary form, effect. — 1. Property may be held or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on death of the …

461.031. Effect of beneficiary designation on ownership of property during lifetime and at death. — 1. Prior to the death of the owner, a beneficiary shall have no rights in the property by reason of the beneficiary designation and the signature or agreement of the beneficiary sh…

461.033. Revocation or change of beneficiaries designation. — 1. A beneficiary designation may be revoked or changed in whole or in part during the lifetime of the owner. A revocation or change of a beneficiary designation involving property of joint owners may only be made with …

461.035. Agents may not make, revoke or change beneficiary unless document establishes agent's right or court order authorizes — authorized withdrawals may extinguish beneficiary's right to transfer. — 1. An attorney in fact, custodian, conservator or other agent may not make, re…

461.037. Property designated for a beneficiary if lost, destroyed, damaged or involuntarily converted, during owner's lifetime, effect. — In the event property subject to a beneficiary designation is lost, destroyed, damaged or involuntarily converted during the owner's lifetime,…

461.039. Effect of collateral conveyances or liens on property subject to nonprobate transfer. — 1. A beneficiary of a nonprobate transfer takes the owner's interest in the property at death subject to all conveyances, assignments, contracts, setoffs, licenses, easements, liens a…

461.042. Survival required. — 1. An individual who is a beneficiary of a nonprobate transfer shall not be entitled to a transfer unless the individual survives the owner by one hundred twenty hours. 2. If an owner provides and the transferring entity accepts, or if a governing in…

461.043. Beneficiary designation designating a trustee under trust not invalid because trust is amendable or revocable — trust that is revoked, terminated or does not exist at death of owner, effect. — 1. A beneficiary designation designating a trustee under a trust established o…

461.045. Lineal descendant substitutes. — 1. Whenever a person designated as beneficiary of a nonprobate transfer is a lineal descendant of the owner, and the beneficiary is deceased at the time the beneficiary designation is made or does not survive the owner, or is treated as n…

461.048. Disclaimer. — If a beneficiary of a nonprobate transfer disclaims in whole or in part the nonprobate transfer in the manner provided by law, then with respect to the disclaimed transfer, the disclaimant is treated as having predeceased the owner unless the beneficiary de…

461.051. Marriage dissolution or annulment — revocation of transfer to former spouse or relative of spouse, exception — remarriage to spouse, nullification of annulment, effect, relative of the owner's spouse, defined. — 1. If, after an owner makes a beneficiary designation, the …

461.054. Disqualification for fraud, duress and undue influence and causing owner's death — proceeding to determine disqualification. — 1. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void. 2. A ben…

461.059. Omitted spouse or child, probate rules do not apply — after-born child or after-adopted child, effect on nonprobate transfers. — 1. No law intended to protect a spouse or child from unintentional disinheritance by the will of a testator shall apply to a nonprobate transf…

461.062. Nonprobate transfer rules. — 1. The rights and obligations of the owner, beneficiary and transferring entity shall be governed by the nonprobate transfers law of Missouri. 2. When provision for a nonprobate transfer is a matter of agreement between the owner and the tran…

461.065. Transferring entity, protection. — 1. The owner in making provision for a nonprobate transfer under sections 461.003 to 461.081 gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation. 2. The transferrin…

461.067. Rights of owners and beneficiaries — improper distribution, liability of distributee — purchasers from distributee protected. — 1. Any protection provided to a transferring entity or to a purchaser or lender for value under sections 461.003 to 461.081 shall have no beari…

461.071. Rights of creditors. — A deceased owner's creditors, surviving spouse and unmarried minor children shall have the rights set forth in section 461.300 with respect to the value of property passing by nonprobate transfer. ­­-------- (L. 1989 H.B. 145 § 40, A.L. 1995 S.B. 1…

461.073. Scope and application of law. — 1. Subject to the provisions of section 461.079, sections 461.003 to 461.081 apply to a nonprobate transfer on death if at the time the owner designated the beneficiary: (1) The owner was a resident of this state; (2) The obligation to pay…

461.076. Jurisdiction of probate division of circuit court. — The probate division of the circuit court may hear and determine questions and issue appropriate orders concerning the determination of the beneficiary who is entitled to receive a nonprobate transfer, the proper share…