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
- 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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- Owner - Attorney
- Law Office of Lloyd Nolan
- - Current
- 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.
- 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
- Missouri State Bar
- Member
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- United States District Court, Eastern District of Missouri
- Member - Admittee
- - Current
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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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- 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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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.
- 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
- English: Spoken, Written
- German: Spoken, Written
- Q. Can a debtor collect on previous debt that was discharged?
- A: No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the debtor. Several courts have held creditors in contempt and imposed fines, sanctions, and legal fees against creditors who have violated the discharge injunction.
- Q. 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei
- A: Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that you are not an attorney so "technically" you may not represent your daughter or anyone else n this matter. Nevertheless, your daughter is a minor and you may be able to act as her "Next friend" for purposes of any probate litigation needed to help your daughter receive her share. You will likely need to hire an attorney, unless your ex-husband's widow is totally above-board and charitable towards the child(ren).
- 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.