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If you die without a will in Missouri, you are dying without written instructions that say who should receive your probate assets. Those written instructions are what most people mean when they say “a will.” If you die without one, Missouri law supplies a default plan for who receives your assets. That default plan plus […]
Does a Trust Avoid Probate in Missouri?
Many people ask this question. In Missouri, the answer is nuanced. A trust can help avoid probate, but the trust document alone doesn’t automatically avoid it. Probate is an asset by asset issue. What matters is how each asset is titled and how it transfers at death. A trust can be an effective probate-avoidance tool, […]
What happens to my house in a divorce?
The court can award the house to one spouse, order it sold, or grant temporary possession during the case. The name on the deed doesn’t automatically control the outcome. If you bought the house during marriage with your income, it’s marital property. If you owned it before marriage or received it by gift or inheritance, […]
What happens to my house when I die in Missouri?
What happens to your house when you die in depends on how the title is held and whether you planned ahead. If the house is titled in your name alone and you have not used a trust or a beneficiary deed, it goes through probate. If you have a valid will, the court follows your […]
Do I really need a will if I don’t have a lot of assets?
This is a common question, and fair one.A lot of people assume wills are for people with significant wealth, multiple properties, or complicated finances. If that’s not you, it can feel unnecessary or like something you can deal with later. But the short answer is this – estate planning isn’t always about how much you […]
Legal Custody
What is Legal Custody? Legal custody refers to the rights, responsibilities, and authority relating to major decisions in a child’s life. In Missouri, legal custody determines which parents have the power to make important decisions regarding a child’s health, education, religious upbringing, and general welfare. Types of Legal Custody in Missouri Joint Legal Custody: Both […]
Estate Planning in 2026: Higher Exemptions, Same Responsibility
Welcome to 2026 This year brought a change that some expected, but not in the way they thought. There was talk of the Tax Cuts and Jobs Act expiring and the federal estate and gift tax exemptions being cut in half. That didn’t happen. Instead, Congress raised the exemptions and kept the current framework in […]
How do you actually get assets into a trust?
To get assets into your trust, you need to either retitle the assets or use a non-probate transfer technique. For immediate transfer into your trust, you will need to retitle the asset in the name of the trustee, referencing also the trust name and creation date. This will look different based on the asset you’re […]
How do I provide someone authority to make medical decisions on my behalf?
To provide someone authority to make medical decisions on your behalf if you become incapacitated, you will need to complete a health care directive (or health care power of attorney). The health care directive designates your health care agent, sets forth the powers and duties your agent will receive, and can grant your agent access […]
Can I modify or revoke my revocable living trust?
Whether you can modify or revoke your living trust depends on its specific language. Typically, if you created a revocable living trust and are mentally competent, you can modify or revoke it at any time. If you’re curious about your planning, check your trust document for specific provisions. On this matter, my clients’ trusts will […]