Estate Planning

Attn: Real Estate Owners

Alert! Real Estate Solicitation

Deed solicitations have resurfaced in recent weeks in St. Charles County and St. Louis County, Missouri. Real estate owners are again receiving “RECORDED DEED NOTICE” mailings from several companies. Recent mailings are from “Records Recovery Services” in Missouri and “Property Site” in California. Several of our clients have received these advertisements after transferring real estate to their Revocable Living Trust or a business entity.

The mailings look official and may easily be mistaken as a county bill. The notice includes data obtained through public record including transaction dates, land value identification, property identification and the legal property address. The solicitation is seeking the homeowner pay a certain fee (i.e. $91.00 or $98.00) to obtain a “Property Assessment Profile” or a “Property Report”.

Such a profile or report is unnecessary and real property data is available from the County. Moreover, all our clients receive directly from our office the original real estate deed we prepared after recording. Copies of deeds and certified deeds can also be obtained directly from the County Recorder for a few dollars.

The advertisement letter requesting payment has disclaimers, sometimes in fine print, stating “This is not a bill.” and “This is a solicitation.”. The mailing also states information that the product or service “has not been approved or endorsed by any governmental agency, and this offer is not being made by an agency of the government.”

Likely targets of these solicitations are homeowners who recently engaged in a real estate transaction (by way of purchase, or transfer to a Revocable Trust for estate planning purposes, to a business entity, or to a former spouse pursuant to a divorce). Scammers obtain data from the recorded deeds and mortgages available in public land records.

A reminder to read all notices and bills you receive and ask questions so you do not fall victim to a scam. If you have questions about this notice, please contact our office at (636) 724-3355, or your local County Recorder.

FURTHER PROTECT AGAINST FRAUD

According to the FBI, one of the fastest growing white-collar crimes is property and mortgage fraud. As a response to curb the increase in property fraud crimes, many counties throughout the country offer real estate owners a “Property Fraud Alert” program. Some counties offer the service free of charge while others have elected to charge a small fee. Nearby County Recorders offering the service free of charge include: St. Charles County, St. Louis City, St. Louis County Recorder of Deeds and Jefferson County.

Property Fraud Alert allows real estate owners (individuals, trusts, businesses and other entities) to sign up to be notified when their name is cited on any documents recorded with the respective county recorder’s office. After signing up, a real estate owner is monitored through the county’s electronic recording system and immediately notified when any document is recorded in their registered name. The program does not prevent fraud from happening. However, the program provides an early warning to real estate owners to take appropriate action if possible fraudulent activity has occurred.

Sign up is quick and easy. Visit Property Fraud Alert, select your county and simply enter your individual/trust/business/entity name and you will be notified when a document with the registered name is recorded.

Or, sign up through your respective county Property Fraud Alert site. Local County Recorder links are listed below.

*Do note, real estate owners must separately register for Property Fraud Alert in every county in which they own property.

Diligently protect yourself and your valuable assets. Contact our office today at (636) 724-3355 to discuss land related questions with a St. Charles, MO attorney.

Estate Planning: More than a Will

Estate Planning: More than a Will

Are you prepared for the unexpected? In these current uncertain times, many people are planning for the unexpected situations of serious illness, mental incapacity or death. Now is an opportune time to create an estate plan to protect yourself, your property and loved ones. The following is a brief summary of important documents to consider including in a comprehensive estate plan.

Last Will and Testament

Your Will directs the distribution of your property at death. Through your Will, you specify who receives your assets. Without a Will, your property is transferred according to state intestacy laws. You also appoint a person (called a Personal Representative or Executor) to manage your affairs according to the terms of your Will. If you have minor children, your Will would also include provisions for the appointment of a guardian to care for your children until they reach the age of majority.

Revocable Living Trust

A Revocable Living Trust is an agreement creating a legal entity to hold property. The creator (called a Grantor or Settlor) is oftentimes the initial Trustee, who manages and administers the trust assets and terms. A successor Trustee is appointed in the event the Grantor/Settlor is unable to act, whether it be due to incapacity or death. The Trust can be amended or revoked at anytime during the lifetime of the Grantor/Settlor. Similar to a Last Will, a Revocable Living Trust details who receives assets upon death. The biggest difference is the trust assets transfer without the necessity of probate. A big misconception is that having a Will avoids probate. Thus, by establishing a Revocable Living Trust and re-titling your assets into the Trust, you avoid the need for probate, saving time and costs.

Financial Durable Power of Attorney

in a Financial Durable Power of Attorney you appoint another individual (called your agent or attorney-in-fact) to make financial decisions on your behalf. Financial decisions include paying bills, buying or selling property, making investments, filing taxes, managing debt, applying for public benefits, etc. You can decide whether the powers in the Financial Durable Power of Attorney are effective immediately upon signing, or are limited to the event of your incapacitation. The powers are only effective during your lifetime, meaning, your agent cannot transact financial matters after your death.

Having a Financial Durable Power of Attorney included in your estate plan is essential if you become seriously ill or incapacitated. The document can also be useful if you travel out of state or internationally and need assistance with your financial affairs while away from home.

Health Care Durable Power of Attorney

In a Health Care Durable Power of Attorney, you appoint an individual (called agent or attorney-in-fact) to make medical decisions for you in the event you are incapacitated and unable to do so for yourself. In this document, you also nominate a person to serve as your guardian should it be necessary for a court to appoint a guardian for you.

Appointing a trusted family member or friend to make your medical decisions for you in the event you are unable to make such health care decisions is an important part of your estate plan.

Living Will (Health Care Directive)

In a Living Will, also called a Health Care Directive of Advanced Directive, you decide whether or not you want certain treatment and procedures to sustain your life if you were in a persistent vegetative state. This important declaration sets forth your wishes if you were in a permanent coma with no significant chance of recovery. Without a Living Will, decisions such as removing life support are made by your health care agent or your family members. Including this important document in your estate plan will help your family during a highly emotional time.

Estate Planning: More than a Will

A comprehensive estate plan will include essential documents to assist you during your lifetime and accomplish your wishes at death. The attorneys at The Wibbenmeyer Law Firm LLC, in St Charles MO assist clients with their estate planning needs. Call (636) 724-3355 to speak with an attorney to create or amend your estate plan.

We're In This Together Newsletter

We hope you are doing well, staying safe and remaining positive in these unprecedented times.  The last several months have been trying for all of us.  Everyone has been affected in different ways.  Our firm continues to provide legal services, with measures in place to protect the health and safety of our clients, staff and their families.  We are providing the below information to assist you in navigating legal issues that you may be facing.  Together, we will get through this uncertain period.


FAMILY LAW

The COVID-19 pandemic presents challenging family law issues.  Parents are not receiving visitation or custody because of coronavirus concerns.  Further, loss of employment may affect child support or maintenance.  If you need assistance with these issues, give us a call to discuss.

 
ESTATE PLANNING

In these uncertain times, people are focusing on their estate planning needs.  Whether it be Last Wills, Trusts, Living Wills, Powers of Attorney, etc., we are able to help you create or update your estate plan. Contact us to eliminate stress and bring you and your loved ones peace of mind.   


BANKRUPTCY

Employment loss and the inability to pay expenses is a worry for many Americans impacted by COVID-19.  If you find yourself accessing your financial situation and are considering filing for bankruptcy, give us a call to discuss your options and find out if you qualify. 

 
LEGAL NETWORKS

Check with your employer to see if you have benefits through any of the following networks, as your legal fees may be covered:

  • ARAG
    LegalEase/ LegalAccess
    MetLife (formerly Hyatt Legal)
    US Legal Services
    Workplace Options

CALL US AT (636) 724-3355 

We are here for you and committed to assisting your legal needs.