Patricia L. Hughes
Attorney
Graduated University of Kansas J.D. 1982
Admited to Missouri Bar 1982
Specialties:
Mediation and Arbitration
Wills and Trusts
Family Law
Traffic tickets and municipal courts
Personal Injury/ Car Accidents
Send an email to trish.hughes@LibertyLawOffices.com
Patricia L. (Trish) Hughes has been practicing law in Liberty Missouri since 1982. She is a graduate of the University of Missouri at Columbia and attended the University of Kansas School of Law where she graduated on the dean's list. She is a member and Past President of the Clay County Bar Association, member of the Missouri Bar Association and the Missouri Trial Lawyer's Association.
Phone Trish Hughes at (816) 792-5700
Mediation and Arbitration
Patricia L. Hughes is trained in civil mediation and arbitration. Mediation and arbitration are two methods of resolving differences referred to as Alternative Dispute Resolution, or
ADR. In both, a neutral third party (the mediator or arbitrator), the parties, and sometimes their attorneys meet outside of the traditional courtroom to resolve their differences.
In mediation, the mediator listens to both sides together, and talks with each side to see if a settlement can be reached on some or all of the issues. In civil matters such as car accident cases, the mediator meets with each sides privately to discuss settlement, and what is said to the mediator is confidential. In family law cases, such as child custody, the mediator sometimes facilitates the communication between father and mother concerning the child to explore resolution of issues. What is said is private and cannot be used in court. The mediator is not a judge and cannot decide the case but helps the parties determine if a settlement can be found that will be acceptable to both.
In arbitration, the arbitrator listens to both sides in a hearing that is less formal than the courtroom and also is private. After the arbitration is concluded, the arbitrator issues an opinion, usually in writing. If the arbitration is binding, the parties must abide by the arbitrator's opinion which is enforceable by the courts. If it is non-binding, the parties do not have to agree to it, but have the benefit of receiving the opinion of an experienced neutral person, which sometimes helps resolve issues.
Both mediation and arbitration are private proceedings and often result in a faster and less expensive resolution of legal disputes.
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Wills and Trusts
Following are the questions clients ask most. This site has been prepared to provide general information and not legal advice. For more specific information, or to make an appointment, call Trish Hughes, at (816) 792-5700.
What do I need to bring to the law office to prepare a will or trust?
Generally at the first meeting with the lawyer all you need are the names and dates of birth of your children, the name of your spouse, and any other beneficiaries or charities you want your property to go to, and to have in mind some of your goals for your estate.
What is a person's estate?
All assets that are changing ownership by reason of the death of the owner (often including life insurance benefits, jointly owned accounts and beneficiary or non-probate transfers)
What part of an estate is subject to federal estate tax?
All of the estate over $1,000,000.00 is subject to federal estate tax in the year 2002. (exception - property going to spouse is not subject to the estate tax- also, a trust may permit a married person to double the exclusion). There is no Missouri estate tax
What property is covered by my will?
Those assets going through probate.
What is Probate?
The process by which a "personal representative" takes charge of the probate assets, pays proper claims, expenses and taxes, and distributes the remainder in accordance with the decedent's will - or if no will, according to state law (in Missouri to spouse and relatives) is called "probate".
How can I avoid probate?
The most common ways are through use of a trust or a beneficiary designation.
Can you give me an example of a beneficiary designation on a bank account?
The signature card (or sometimes the bank's separate form) might say
"Owner: Sam Doe
P.O.D. 25% to Mary Doe, L.D.P.S.
P.O.D. 50% to Sally Doe. L.D.P.S.
P.O.D. 25% to John Doe."
P.O.D. stands for "Pay on death"
the letters L.D.P.S. stand for "lineal descendants per stirpes" which means that, if Mary Doe dies before the account owner, Sam, and Mary had children, Mary's share would go to her children
sometimes
T.O.D. is used which stands for "Transfer on death" and means the same thing as P.O.D. for example
"T.O.D. to the Jane Doe Family Trust, Mary Doe successor trustee."
What is a trust?
The word "trust" has many meanings. In an estate planning context, it generally means "the placing of something in someone else's charge". It also can refer to the document which gives the instructions for what is to be done, when and for what purpose, etc.
What is necessary to form a trust?
A trust is generally created by a document that describes or contains five elements:
1. the Grantor - the person who creates the trust - also called Settlor or Maker
2. the Trustee - the person entrusted to carry out the Grantor's instructions (- the grantor can serve as trustee in some trusts.)
3. Property - The Trust fund, or the asset(s) that the trustee is in charge of.
4. Beneficiary - the person(s) or charities whom the trust is to benefit.
5. Purpose - the reason for the creation of the trust, including the instructions to the Trustee on how the property in the trust is to be handled.
Is there any particular amount of money needed to create a trust?
No, although some trust documents are expensive to have prepared, and some trustees charge significant annual fees.
Can a trust be changed, once it is established?
The trust document will tell whether it can or not. Some can be changed, they are called revocable trusts, or
"living trusts". Some cannot - they are called irrevocable. There are reasons for creating each type.
If a trust can be changed, who can change it?
Generally only the Grantor who created the trust can change it, but there may be exceptions in the trust document itself.
Will a trust avoid probate?
Yes, generally. If the person's assets are in the trust or go to the trust in a non-probate transfer.
Will a trust avoid estate taxes?
No, just having property in a trust will not reduce estate taxes. However, some trusts can be used to take advantage of provisions of the tax code so that the total taxable estate tax can be reduced. See - QTIP trust, Crummey trust
What is a QTIP trust?
When a couple is married, there is no tax on any inheritance they receive from their spouse, no matter how large. At the death of the second spouse, anything over the exclusion ($1,000,000 in 2002) is taxed by the estate tax. A couple can double that exclusion by dividing their assets and allowing funds (generally up to the excluded amount) to be held in a trust. The trust is not owned by the living spouse, but the living spouse usually gets the income, and, if they run out of their own money before their death, they can get principal from the trust. Then, when the second spouse dies, the trust pays out to the children or other beneficiaries who get as much as double the exclusion free of the estate tax. This can result in a savings of as much as $550,000.00. The trusts that are created to do this are called QTIP trusts.
What is a Crummey trust?
A Crummey trust is one of the kinds of insurance trusts that can be created to reduce the total size of the taxable estate. Basically, the way it works is that a gift is made of the value of the insurance premium, for the benefit of children, or other beneficiaries. The policy is not owned by the creator, nor can he change it. Therefore the proceeds of the policy are not in the grantor's taxable estate.
What is spendthrift trust?
A spendthrift trust is designed to prevent a beneficiary from being able to "blow" all their money. It gives instructions as to how the Trustee is to use the funds, and prevents the funds from being subject to the beneficiary's creditors.
Can a trust help protect young children or provide for college?
Yes. A good reason to create a trust is to safeguard the assets a child might receive upon the death of the parent(s). In Missouri, a child is entitled to all of their funds at age 18, if there is no trust which specifies other instructions. Most parents think that is too young, and want the child's assets available for education and then spread out over a longer time. A trust can do that. Also, in the divorce context - if one parent dies with or without a will, their assets would likely go to their children, but if the children are minors, the living parent (the ex) would help handle the children's funds. A Trust can prevent that by naming a different Trustee.
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Family Law
Family law includes divorce, "modifications" of child support, custody or visitation, paternity cases, juvenile cases and adoptions.
If you are having difficulty collecting child support, the first place to call is the family support office in the county where you live.
If you are having a problem not being able to see your children, in Missouri you can file a "family access motion" at the circuit clerk's office in the county.. You do not need an attorney to file the motion.
Family law cases vary greatly in how complicated they are, and as a result, it is very hard to anticipate how much they will cost, or how long they will take. The first 30 minute consultation with attorney Trish Hughes is free.
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Traffic tickets and municipal courts
In Missouri, paying a speeding ticket, or other ticket for a moving violation will likely result in points being assessed against your driving record. If you get too many points, your license can be suspended or revoked, and sometimes points result in higher insurance premiums.
Depending upon the circumstances of your case, your attorney can often help you to avoid points and problems with your driving record.
If you are charged with a DWI it is important to see your attorney right away. Some administrative hearing rights have short deadlines.
Call attorney Patricia L. Hughes at 816-792-5700 for more information.
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Personal Injury / Car accident cases
If you have been injured, and someone else is at fault, you have a right to compensation to help cover your expenses, medical costs, pain and suffering. There is no charge to call attorney Patricia L. Hughes at 816-792-5700. The first consultation is free.
