Frequently Asked Questions

Here are short answers to the questions we hear most. Every situation is different, so call us at 314-816-3081 to talk about yours.

Estate Planning

Who needs an estate plan?

Every adult. At a minimum, a will, a financial power of attorney and healthcare documents protect you and your family.

What’s the difference between a will and a living trust?

A will goes through probate court; assets in a funded revocable living trust generally don’t. A trust also helps if you become incapacitated.

What happens if I die without a will in Missouri?

Your property passes under Missouri’s intestacy rules, and the court chooses who manages your estate and who cares for minor children.

How can I keep my house out of probate?

Common options are a beneficiary deed or placing the home in a living trust.

How often should I update my plan?

After marriage, divorce, a birth or death in the family, a move, or a major change in assets, and at least every few years.

Healthcare and Incapacity

What healthcare documents do I need?

A health care power of attorney, a living will and a HIPAA release. See Healthcare Documents.

What if I become incapacitated without a power of attorney?

Your family may need to ask a court to appoint a guardian or conservator, which takes time and money.

Does my adult child need these documents?

Yes. Once a child turns 18, parents no longer have automatic authority over their medical or financial decisions.

Probate

Does every estate have to go through probate?

No. Assets with a named beneficiary, joint owner, beneficiary deed or trust usually pass outside probate. Estates of $40,000 or less may use a small estate affidavit.

How long does probate take in Missouri?

At least six months, because creditors have six months from first publication of notice to file claims. Many estates close in six to nine months.

Is there a deadline to open probate?

Generally, a will must be presented within one year of death. After a year, heirs may need a petition to determine heirs.

I inherited a house, but it’s still in my parent’s name. What now?

Depending on the facts, an affidavit of heirship, a determination of heirship or probate may be needed to clear title.