Mother's Day Card

Everyone has an estate, but do you have a plan?

Judges Examining Document

Basic Wills

If you have no dependent children, and can utilize Missouri's non-probate transfers, you likely can prepare your estate with a simple will. Will packages start at $995

Happy Family

Trusts and more complicated estates

Disinheriting someone, child with special needs, still have minor children, a trust may be for you. Trusts also save your heirs substantial time and effort because, if set up properly, they avoid probate.

DOES A WILL AVOID PROBATE?

The short answer is NO. I will does not avoid probate in Missouri, and in fact by design gives the probate court instructions on what to do with your property when you die. So then, why would someone in Missouri only have a will?

Missouri provides people with other options, including beneficiary deeds and non-probate transfers that allow you to transfer your property outside of the probate court, so that no assets go through probate. We can help you figure out if these laws can help you avoid probate.

In court
Group of lawyers discussing on a lawsuit

Of course, as a lawyer, the infamous answer is always "it depends".  For most people, a will is sufficient to protect your estate. Most people can utilize Missouri's non-probate transfers to transfer their assets to their heirs without having them put into the probate court. Since non-probate transfers take care of everything, why should I draw up a will? The answer is simple, it is still necessary and a form of an insurance policy that should you have an asset not be transferred on death, ToD, or have a beneficiary, you still can tell the court who manages your asset through the probate courts, and also how the judge is to distribute those assets. Without a will, the court makes these decisions for you. 

So, you said most people need a will and not a trust, why would I want a trust? The answer is relatively straight forward. We recommend that our clients view a trust as an insurance policy to take extra steps to avoid probate. A trust provides more flexibility to prepare and plan for contingencies, and if it is important to a client to do whatever they can to avoid probate, a trust may be appropriate. A trust is also appropriate in the following situations;

  • You are disinheriting a child

  • You have a child with special needs or one that may have, disabilities, money management issues, addiction issues, or other concerns

  • You have young children

  • You have complicated inheriting instructions (i.e. you want a child provided for, but want your assets to go to a charity after they pass)

  • You have substantial assets

Do I need a will or a trust?

Set up your free consultation

511 W. Pearce Blvd.

info@howardhaake.com  /  Tel. 636.332.5555

Thanks for submitting!

Mother and a Child