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We concentrate our practice in the areas of Estate Planning, Trust Administration, Probate, Asset Protection and Business Law.
Our goal is to serve our clients in such a manner so that they feel comfortable referring us to their family and friends.
We charge reasonable fees that are tailored to our client’s needs.
Our attorneys have more than 5 decades of combined experience helping our clients.
Our staff responds promptly to all client communications, whether by phone, email or through our secure client portal.
All of our clients receive personalized attention based upon their unique situation.
Gregory E. Robinson, P.C.
Personal Representative Duties - Part 2
Video Transcript
If the probate estate consists of real property, the personal representative will need to contact the insurance company of the deceased and inform the insurance company of the passing of their insured. The personal representative will need to obtain insurance coverage for the real estate. Many times the real estate will be vacant. There are a few known insurance companies that do not insure vacant property. The personal representative will have a duty to make sure the real estate is insured.
The personal representative will have to rekey the locks to the real estate to ensure that the property is locked and protected.
In order to inventory the value of the real estate, the personal representative might have to hire an appraiser to appraise the property.
If the deceased owned real estate that was being leased out, the personal representative will have to review the lease and determine what steps to take due to the death of the owner. Sometimes the lease will provide for notice to be given to terminate the tenancy upon the death of the owner. The attorney representing the personal representative will be able to guide and assist the personal representative in these matters.
Claims against the estate might be filed in the probate estate. The personal representative will have to determine what was paid previously to the creditor and how much should be paid to the creditor. Sometimes the attorney for the estate will schedule a hearing on the claim in order to determine the amount that should be paid by the personal representative.
The personal representative might also have to deal with the complexities of a will contest. The will contest will be heard by the probate court judge.
The personal representative will have to take certain actions depending if the estate is supervised or if it is administered independently.
After the appropriate statute of limitations have passed, and all claims and taxes have been paid, the personal representative will have a duty to distribute the assets which remain in the estate to either the beneficiaries named in the decedent’s will or pursuant to the laws of intestate distribution.
In Missouri in order to distribute the assets to the beneficiaries, a supervised personal representative will seek the Probate Court’s approval for the final settlement and petition for the distribution. In independently administered estates, it is very common to file a statement of account in order to make the final distribution. In Missouri there is a 20 day objection period after the filing of the Statement of Account which must pass for independently administered estates before the assets can be distributed to the beneficiaries.
Each probate estate is unique. While there a few commonalities for all probate estates in Missouri, each probate estate must be administered based upon the facts of that particular case.
If you are wondering how you might avoid the probate process in Missouri, please feel free to watch my video, A brief Guide to Living Trusts.
If you have any questions regarding the probate process in Missouri, please feel free to contact our office. Thanks for stopping by.
Power of Attorney
Video Transcript
Hi folks. Thanks for stopping by. My name is Greg Robinson. Today I’d like to talk with you about a power of attorney. A power of attorney is a document where the principle grants authority to an individual, typically called an agent or an attorney at fact, to act on the principle’s behalf.
There are many different types of powers of attorney. If the scope is very broad with general powers, typically we call those documents general powers of attorney. If the document is limited in scope, we typically call those powers of attorney limited powers of attorney. And, if the authority is only granted to the agent upon the occurrence of a future event, we typically call those types of documents, springing powers of attorney because they spring into existence typically upon the occurrence of a future event, which is usually the incapacity or disability of the principle.
You’ve probably heard of the term a durable power of attorney. In order for it to be a durable power of attorney, it must comply with the state’s statues which you are a resident of at the time that you execute the document. But the purpose of a durable power of attorney is that it endures, or continues on, at the disability of the principle. So if the principle became disabled, the agent still has the authority to act on the principle’s behalf. If you fail to comply with the state’s statues in order to create a durable power of attorney, then usually you’ve created a non-durable power of attorney, which means upon the incapacity of the principle, the agent no longer has the authority to act on that principle’s behalf.
Whether the power of attorney is a durable power of attorney, whether it’s a general or limited power of attorney, all powers of attorney cease and are terminated upon the death of the principle. If you have any other questions, feel free to visit our website at gregoryerobinson.com. Thanks for stopping by.
A Brief Guide to the Probate Process
Video Transcript
Hi folks. Thanks for stopping by. My name is Greg Robinson. Today I’d like to talk to you about a last will and testament and the probate courts.
The person who creates a will is typically called the testator. If you die having executed a will, it is said you died testative. If you die without having executed a will, it is said you died intestative. However, even if you die without having executed a will the laws of the state in which you reside have a plan of distribution for you called the statutes of intestative distribution.
Does my will control all the assets in my name?
The will controls the assets in the decendant's individual name. However, some types of assets such as IRAs and life insurance policies are governed by beneficiary designations. The beneficiary designation of the life insurance policy or the IRA would control the distribution, not the will.
When is my will effective?
The will is effective upon the death of the decendant. Many times people will our office stating that their spouse is disabled, and that the individual has executed a will and they will inquire whether or not they have the authority under the terms of the will to take certain action on the disabled person's behalf. Again a will is only effective upon the death of an individual. A power of attorney is a document which gives an individual authority to act on his or her behalf if the individual should become incapacitated. If you have questions on powers of attorney feel free to view our video on powers of attorney.
Once I die, where does my will get filed?
An individual who has the custody of the will has the duty to admit it to probate court upon the death of the decendant. Probate is actually a Latin word that means to prove, and in this case what we are proving is that the will is actually the will of the decedant.
What are some things that happen in probate court?
Once the will is admitted to probate court, if there are assets in the decedent's name that exceed forty thousand dollars a personal representative will be appointed on behalf of the decedent. That personal representative is named in the testator's will. Additionally the testator, in his will, will typically dispense with having the personal representative buy a bond and also allow the personal representative to serve independently without being supervised by the probate court.
What are some things my personal representative does?
Once a personal representative has been appointed, he or she has a duty to inventory the assets of the estate, pay the debts of the decendent, and eventually distribute the assets to those individuals who are named under the decedent's will. The advantage of having the will probated is that the personal representative is overseen by the probate court.
What are some desadvantages of probate?
One of the disadvantages of probate court is that it is expensive. For example, the personal representative and the attorney are both paid on a graduated fee schedule. Another disadvantage of probate court is that it is time consuming. In Missouri, we have both a six-month and a 1-year statute of limitation which must be satisfied before the assets can be distributed to beneficiaries. Another disadvantage of probate court is that the assets, which are shown on the inventory, are a public record. Anyone can come down to the probate court and review the inventory which has been filed by the personal representative.
Can probate be avoided?
An easier way to pay the bills and transfer assets to the beneficiaries and avoid the probate process is through the use of a living trust. If you have questions about a living trust feel free to view our video discussing same. If you have any questions on probate, feel free to give us a call. Thanks once again.
Buy - Sell Agreements
Video Transcript
Hi folks, thanks for stopping by. My name is Greg Robinson and today I would like to talk with you about Buy-Sell agreements. Buy Sell agreements are employed when there are two or more shareholders of a business and the shareholders want to provide for continuity in the business in the event that one of the shareholders wants to retire, becomes disabled or passes away. The buy sell agreement provides an orderly method in which the selling shareholder will be compensated and allows the remaining shareholder the certainty that the business will be controlled by shareholders that he or she knows and trusts and hopefully provides for the future viability of the business.
There are typically two ways of drafting a buy-sell. One method is to have the corporation purchase or redeem the shares upon one of the triggering events in the document. This type of an arrangement is typically called a redemption agreement. The second way of drafting a buy sell is to have the remaining shareholders purchase the exiting shareholder’s shares. This type of an arrangement is typically called a cross purchase agreement. Some documents provide for a hybrid approach giving the corporation the option to redeem the shares and if declined by the corporation, the remaining shareholders can purchase the exiting shareholders shares.
In a typical buy-sell agreement, the shares are restricted from being sold by one of the shareholders to a third party. If a shareholder receives an offer from a third party, the buy-sell agreement typically requires the shareholder to tender that offer to the corporation and the other shareholders and allow the corporation, or the other shareholders to match the offer from the third party, thus ensuring that the shares stay within the control of the original shareholders.
A buy-sell agreement will also typically have a requirement to purchase the shares of a shareholder who is disabled. The definition of disabled is a negotiated term in the document. Sometimes the definition will refer to a period of time in which the shareholder cannot perform his or her normal and customary duties. Sometime the term disabled is tied to receiving benefits under a disability policy. In any event, upon a disability, the buy-sell agreement will require that the disabled shareholders shares be purchased, either by the corporation or the remaining shareholders.
Additionally, the buy-sell agreement will also require the shares to be purchased upon the retirement of a shareholder or the death of a shareholder.
Once the purchase price for the shares has been ascertained, the buy-sell agreement will set forth the time period over which the purchase price will be paid. Sometimes the obligation to purchase the shares will also include the use of life insurance and or disability insurance to meet these obligations.
Many times the buy-sell agreement will also include a non-compete covenant by the selling shareholder to protect the corporation’s trade secrets and customer contacts.
If you have any questions regarding a buy-sell agreement, please feel free to contact our office. Thanks for stopping by.
Protecting Personal Assets by Forming Corporation
Video Transcript
Hi folks, thanks for stopping by. My name is Greg Robinson and today I would like to discuss with you one of the benefits of forming a corporation, namely, the limited liability that a corporate entity affords its owners.
A corporation is created when the Articles of Incorporation are filed and accepted by the Missouri Secretary of State.
Once the corporate entity is created, Missouri law states that it is a separate and distinct legal entity from its owners. The owners of the corporation are known as the shareholders. Typically, one of the reasons for creating a corporation is to endow the shareholders with limited liability. This idea of limited liability is that if the shareholders actually pay for the shares and the corporate formalities are followed, then the shareholders are only liable for their equity investment for the shares- in other words, the shareholders are not liable for the debts of the corporation.
However, it has been my experience that while clients understand how to incorporate the entity, they sometimes disregard the corporate formalities which must be followed if they intend to obtain the benefits of limited liability.
One of the formalities that must be followed is to hold regular meetings of both the shareholders and the board of directors. The meetings must be memorialized with minutes and kept with the corporate records.
At the shareholders meeting, the shareholders will elect the directors and sometimes take votes on various propositions. The annual shareholder’s meeting is held on the date set forth in the bylaws. Special shareholders meetings may also be held as required.
At the directors meetings, the directors must elect a president and a secretary and other offices as required by the corporation’s bylaws. The same person may be both the president and the secretary.
The management of the corporation is vested in the board of directors. The directors are charged with the long term business planning goals of the corporation. The officers are charged with the day to day operations of the corporation who carry out the directors long term business goals. A corporations articles of incorporation, or bylaws, will dictate the number of directors of the corporation.
Another formality which must be followed in order to afford the shareholders with the limited liability is the requirement that the corporation’s funds be separate and apart from those of the shareholders. Since a corporation is a separate and distinct legal entity in Missouri, an EIN number should be obtained and a bank account opened in the name of the Corporation.
Another formality which must be followed is that all the business affairs of the corporation should be transacted in the name of the corporation. All the correspondence, contracts, invoices and advertising must be done in the corporation’s name through the appropriate corporate officer, typically, the President. The shareholder should not be conducting the affairs of the corporation in the shareholders individual name.
Adhering to the corporate formalities will make it difficult for a plaintiff to attempt to pierce the corporate veil and hold the shareholder personally liable for the debts of the corporation.
Meet Your Team
Gregory Robinson - Attorney
Gregory E. Robinson is a small firm practitioner. He received his Bachelor’s Degree from Brigham Young University and his Juris Doctor from the University of Missouri-Columbia. Greg is a member of the Business Law Committee and the Probate and Trust Committee of the Missouri Bar Association. He is also a member of the Bar Association of Metropolitan St. Louis.
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Jacqueline Moore - Attorney
Jacqueline Moore joined the law firm of Gregory E. Robinson, P.C., as an Associate in February of 2015. Jacki obtained her Bachelor of Arts degree in Sociology/Criminal Justice from Northern Illinois University and her Juris Doctorate from Washington University in St. Louis, School of Law. Jacki was admitted to the Missouri Bar in 1991 and to the Illinois Bar in 1992, although she no longer actively practices in Illinois.
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Brenda Moore - Paralegal
Brenda brings 10 years of office administration experience to the offices of Gregory E. Robinson, P.C. With a professional focus on communication and customer service, so client care is an important area of emphasis for her.
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Jenna Robinson
Jenna graduated cum laude from Brigham Young University-Hawaii (BYU-H) in June of 2023, with a Bachelor’s of Science in Psychology with an emphasis in Legal Studies and Criminal Justice. During her time at BYU-H, she worked as an English Teacher’s Assistant and as a Student Tutor at the Reading and Writing Center.
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St. Louis, MO 63141
TEL: 636-532-9500
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