Estate Planning in Missouri — Frequently Asked Questions

Estate planning is the process of arranging for the management and distribution of your assets in the event of your death or incapacity. It often includes creating documents such as a will, trust, power of attorney, and healthcare directive.

Yes. Even if you have a trust, a “pour-over will” ensures that any assets not already in the trust are transferred into it at your death. It also names guardians for minor children, which a trust cannot do.

If you die without a will (“intestate”), Missouri law determines who inherits your assets. This usually means your spouse and children inherit first, but the exact distribution depends on your family structure.

A will directs how your assets are distributed after death and must go through probate. A trust, on the other hand, can hold assets during your lifetime and distribute them after death without probate, often providing greater privacy and efficiency.

Probate is the court-supervised process of distributing a deceased person’s estate. In Missouri, it typically takes between six months and a year, depending on the estate’s complexity and whether disputes arise.

Yes. Common ways to avoid probate include using revocable living trusts, beneficiary deeds, payable-on-death (POD) accounts, and joint ownership arrangements. An estate planning attorney can help you choose the best method for your situation.

A durable power of attorney allows you to appoint someone to make financial or legal decisions on your behalf if you become incapacitated. “Durable” means it remains in effect even if you are no longer able to make decisions yourself.

A healthcare directive outlines your wishes for medical treatment if you cannot speak for yourself. It can also name a healthcare proxy (also called a healthcare power of attorney) to make medical decisions on your behalf.

You should review your estate plan every 3–5 years or after major life changes, such as marriage, divorce, birth of a child, relocation, or significant changes in assets or tax laws.

Yes, Missouri recognizes handwritten (holographic) wills only if they are entirely in your handwriting and signed by you. However, such wills often create confusion and may be contested. It’s best to have a properly drafted, witnessed will prepared by an attorney.

While online templates exist, Missouri estate law has strict requirements that can make DIY planning risky. Working with an attorney ensures your plan is valid, comprehensive, and customized to your goals.

A Special Needs Trust allows you to leave money or assets for a loved one with disabilities without jeopardizing their eligibility for government benefits such as SSI or Medicaid. This is a key part of special needs planning.