Wills and Trusts
Proper estate planning ensures your wishes are honored and your assets are protected, with tools like wills to guide probate and trusts and other techniques to help avoid probate.
Avoid Probate with the Right Documents
Education from Attorneys
How to Avoid Probate
Probate can be costly, stressful, and take months or years to complete. Fortunately, there are several effective ways to avoid the probate process and make things easier for your family:
Trusts – A living trust allows your assets to be managed and distributed privately, without court involvement. It also offers flexibility for complex planning, such as caring for minors or setting up long-term distributions.
Beneficiary Designations – Assets like bank accounts, retirement funds, and life insurance can pass directly to your chosen person or to your trust by naming a Transfer on Death (TOD) or Pay on Death (POD) beneficiary.
Beneficiary Deeds for Real Estate – This special deed transfers your property automatically to your beneficiary or trust when you pass away. Related Post: How a Beneficiary Deed Works
Joint Ownership – Financial accounts or property titled with rights of survivorship will automatically go to the surviving owner upon your death.
Last Will and Testament – No matter which method you use to avoid probate, it’s important to have a will as a backup. A will ensures that any unexpected or forgotten assets are handled properly if they end up in probate. Related Post: 5 Reasons to Hire an Attorney to Create Your Will
Let our experienced estate planning attorneys help you avoid probate.
Ensure Your Wishes are Honored
Proper Planning with Wills and Trusts
Estate planning gives you confidence that your assets are protected and your wishes are honored. Findings show that nearly 70% of Americans have not prepared a valid will. Our skilled attorneys draft clear, legally enforceable wills to ensure your estate is handled according to your instructions if probate becomes necessary. Although there are many types of trusts, they all aim to benefit designated individuals while avoiding probate. We assist clients in creating and funding both revocable and irrevocable trusts designed to avoid probate, safeguard assets, and simplify the transfer of wealth to heirs.
Even if you use trusts or other tools to avoid probate, a will is still essential as a backup to guide the court process if any assets unexpectedly end up in probate.
Utilize a revocable living trust to keep assets out of probate, protect your privacy, create contingency beneficiaries, and make it easier for your loved ones to receive their inheritance.
An irrevocable trust protects your assets by removing them from your ownership, preserving wealth by potentially shielding it from creditors or allowing for qualification of certain benefits.
Smart Estate Planning
Our attorneys can prepare your will and trust.
An effective estate plan includes a trust to keep your assets out of probate and a will to ensure peace of mind for anything that might still need to go through probate.
Plan Ahead, Protect More
What is the Difference Between a Will and a Trust
In Missouri, a Last Will and Testament must be probated within one year of death to be valid. Many mistakenly believe a Will avoids probate, but it actually requires probate court approval to be valid. The probate process can be time-consuming and costly. Wills also offer limited flexibility, typically distributing assets all at once, which may not suit minor beneficiaries or complex situations.
Creating a trust, especially a Revocable Living Trust, is a popular tool that helps avoid probate altogether. Assets held in a trust bypass probate, saving time and expenses, while offering flexible options for how and when beneficiaries receive their inheritance. To fully avoid probate, assets must be properly titled in the trust or name the trust as beneficiary.
A “pour-over Will” is recommended alongside a trust, which is a Will leaving everything to your trust upon your death. This type of Will ensures any assets not properly titled in the trust are transferred to the trust after your death.
Work with our attorneys to create a comprehensive estate plan.
Frequently Asked Questions About Wills and Trusts
To save time, money, and keep your affairs private instead of tied up in court. The probate process can take months (or longer) and involves court fees, attorney costs, and public filings. By using tools like living trusts, beneficiary designations, and joint ownership, you can transfer assets more quickly and avoid delays, expenses, and unwanted court involvement.
A will only applies to assets that pass through probate after you die, whereas a revocable living trust manages property during your lifetime, avoids probate, and keeps matters private.
If you want to avoid probate and also want privacy, faster distribution, or have complex assets or family situations.
Yes. While templates exist, a lawyer ensures it meets Missouri’s legal requirements and works properly with your overall estate plan.
Yes. A “pour-over” will names your trust as the sole heir. This is done to ensure any asset that ends up in probate ultimately transfers back into your trust for distribution.
With a focus on statewide service, we assist clients from our brick and mortar office in Springfield, Missouri to Kansas City, Rolla, and St. Louis, while also serving smaller communities such as Ozark, Republic, Bolivar, and Neosho.
Contact Us to Schedule a Consultation
We help with preparing your will and trust. Our team consists of attorneys skilled in probate avoidance and essential estate planning techniques.
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