Lloyd M. Nolan
Law Office of Lloyd Nolan
It's a difficult time when a loved one passes away but there are tasks that need to be completed promptly to ensure your loved one's intentions are fulfilled and that property passes as planned. You have only one year from date of death to open a Probate Estate in Missouri. You need an experienced attorney to handle the probate process and the legal issues.
Many smart people have no Estate Plan whatsoever. Making an estate plans may seem unpleasant, or something to put off for the distant future. However, If you have no Will, then the law of your State will determine who receives your assets. It generally costs much more to handle a probate estate when there is no Will, because the courts usually require a surety bond. If you are a single person, consider this. it may be more difficult to determine your heirs, particularly if you have no children or siblings. Beyond this, you may not want all of your assets to be distributed to your next of kin. If you have no Will or Trust, you have no control over how your estate is distributed. Everyone should do some Estate planning, even if it's just the basics of a Will and power of attorney. Everyone needs a Power of Attorney, because this allows you to grant authority to a trusted person to handle your affairs in the even of your disability or incapacity.
If you want to avoid Probate, and keep your Estate Plan private, consider setting up a Living Trust. A Living Trust transfer assets without a Probate Court and care for you in the event of a disability.
I handle each case personally. I have 37 years experience in Probate, Estate Planning, DWI Defense, and Auto Accident Injury cases. I am licensed to practice in both Missouri and Illinois. I have handled every stage and level of litigation, both trials and appeals. My varied experience helps me to effectively address my clients' needs, even where areas of law overlap
- Probate
- Probate Administration, Probate Litigation
- Estate Planning
- Health Care Directives, Trusts, Wills
- DUI & DWI
- Personal Injury
- Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
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Free Consultation
I offer a free phone consultation, up to 10 minutes, on all new matters. - Credit Cards Accepted
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Contingent Fees
I accept all Injury Cases on a contingent fee basis with no attorney's fees upfront. You pay me nothing until you recover. -
Rates, Retainers and Additional Information
I strive to provide basic legal information and answer basic questions over the phone for my clients. If I don't have the answer or solution to your issue, I'll help you find someone who does.
- Illinois
- Supreme Court of Illinois
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- Missouri
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- 8th Circuit
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- U.S. District Court, Eastern District of Misouri
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- U.S. District Court, Southern District of Illinois
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- English: Spoken, Written
- German: Spoken, Written
- Owner - Attorney
- Law Office of Lloyd Nolan
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- Solo practice handling all stages of litigation, trials and appeals. Divorce, Bankruptcy, Criminal, Probate and Injury Cases. Represented hundreds of clients in the St. Louis Metropolitan Area, including Illinois Counties of the Metro East.
- Volunteer Attorney
- Legal Advocates for Abused Women
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- Handled various cases pro bono representing victims of Domestic Abuse and Violence in various courts in the St. Louis Metropolitan area.
- Associate
- John Livingston Attorney at Law
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- Associate in General Practice law firm handling Divorce, Probate, Criminal trials, Motions, general litigation.
- Associate Attorney
- David L. Naumann & Associates
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- Associate attorney representing numerous Criminal defendants in Missouri State Courts and also Federal Court practice. Handled all Divorce and Domestic Relations cases for the firm. Handles all Illinois practice for the firm. Handled all Bankruptcy, Federal Court actions for the firm.
- Associate Attorney
- Schrempf & Metz PC
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- Associate attorney in law firm handling legal research, preparing pleadings, and handling Motion practice in Illinois Courts in Madison County and St. Clair County. Personal injury Defense and Plaintiffs' work, including representing various Municipalities of the Illinois Municipal League.
- Research Assistant
- Southern Illinois University School of Law
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- Research assistant for Professor performing legal research and writing on various topics.
- Law Clerk
- Illinois Attorney General
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- Worked in the General Law Division conducting research and preparing briefs and pleadings for the representation of various state agencies and the consumer protections division of the AG's office, between second and third year of law school.
- Southern Illinois University - Carbondale
- J.D. | Law
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- Honors: Graduate Assistant to Associate Professor Laurel Wendt.
- Activities: Alpha Phi Omega, Prison Legal Aid internship.
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- Southern Illinois University - Edwardsville
- B.S. | Government
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- Missouri State Bar
- Member
- - Current
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- United States District Court, Eastern District of Missouri
- Member - Admittee
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- City of Creve Coeur Missouri, Police and Public Safety Commission
- Member
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- Activities: Review and advise on policies for the Creve Couet Police Department and City Public Safety Issues.
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- Illinois Bar
- Member
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- Moot Court Judge, Carbondale, Illinois
- Southern Illinois University School of Law
- Served as Judge for Law Student Mock Court Trials
- Film and the Law - Professional Ethics, UMKC CLE, University of Missouri, St. Louis Campus
- UMKC School of Law
- Website
- Website
- Blog
- Lloyd Nolan, Attorney at Law
- What to do after an automobile accident
March 17, 2022 - What you must do after an Auto Accident
March 15, 2022 - Why you Need a Durable Power of Attorney
March 2, 2022
- Blog
- Why you need a Power of Attorney
- Blog
- Should You Set up a Revocable Living Trust
- Q. Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?
- A: The automatic stay in a Bankruptcy only exists while the case is open and the Stay is in effect. If you have been discharged in your Chapter 7 and the case is closed, there remains no protection under the automatic stay. If the creditor applied for, and was granted relief from the automatic stay, likewise the automatic stay is no longer in effect and there is no protection from foreclosure by the creditor. It is essential that you understand a discharge in bankruptcy does not eliminate a creditor's secured interest in your property where a balance remains unpaid. In other words, your discharge in bankruptcy does not "wipe out the debt" on your house because the creditor still has a secured interest by virtue of the mortgage (or deed of trust) as the case may be. The only thing that the creditor cannot do after your discharge is to pursue you personally (assuming you did not reaffirm trhe debt) for the unpaid debt beyond what is recovered by foreclosing on the property. In other words, the creditor's remedy is limited to taking "back' the property.
- Q. My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not
- A: There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your grandfather, when he was competent to do so, then barring some "provable" undue influence from others, the Will controls. If there was no WIll, then the assets would be distributed under Missouri law regarding descent and distribution. What your grandmother, or anyone else, said about who was supposed to get what, has no legal effect whatsoever. Missouri law provides that an estate must be opened within one year of the decedent's death. You may be able to obtain sufficient information about the Estate on your own by accessing Missouri's on-line Case.Net court records, but you are going to need a lawyer if you want to accomplish anything. My suggestion is that you contact an experienced probate attorney immediately.
- Q. X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K
- A: You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent persistence of the creditors, you may want to communicate this in writing. The Creditors may be in violation of the Fair Debt Collection Practices Act, although the facts would need to be carefully examined to see if there were actual violations of the FDCPA.
