Wills and Estates

Lack of Valid Execution Each state has its own rules governing how you must execute a valid will. Under Missouri law, the requirements may seem fairly simple, and they include: (1) the will must be in writing, (2) the testator must sign the will, and (3) the signature must happen in the presence and hearing …

What is Probate? Probate refers to the process of “proving” a will in court. In addition, it generally refers to the process in which the debts of an estate are paid and its assets distributed amongst its beneficiaries. During probate, the personal representative or administrator has certain duties (this person is called a personal representative …

If you’re like many people, when you hear the word “trust” in the context of estate planning, you probably think about outrageously wealthy families or “trust fund babies” who will never have to work. While it’s true that these types often have trusts, it’s also true that even people of average means can utilize a …

With the proliferation of online “do it yourself” legal services, many people wonder whether they need to hire an attorney to perform various legal tasks. This is particularly true in the area of estate planning, where there typically isn’t an active dispute or a need to file documents with the court. This means that people …

Trusts and wills are both very popular and effective estate planning tools, and any even the most cursory do-it-yourself research into estate planning will undoubtedly mention both. Many people ask themselves whether they need a trust or a will and try and determine which will best suit their needs. The fact is that this question …

The law allows courts to appoint guardians to make decisions for people who cannot take care of themselves. In order to be subject to a guardianship, a person must suffer physical and/or mental incapacitation, generally caused by illness or injury. For example, a court would appoint a guardian for a person who is in a …

Everyone knows the saying “More money, more problems.” A large lump sum pursuant to a personal injury settlement or inheritance seems like a silver lining to an unfortunate event; however, often it only leads to more concerns. This is particularly true when the funds are for someone who needs on-going care over just a lump …

When it comes to trusts, few people are more important than the trustee. A trustee is an appointed person who is trusted with the management of all the contents in the trust. Given their job, everyone can envision the ideal trustee: a prudent, conscientious saint who understands that they are bound only by their fiduciary …

When a considerable sum of money is involved, a spendthrift trust is an incredibly effective means of passing along and preserving wealth to your heirs. Not only does a spendthrift trust protect money from creditors, it protects it from your heirs themselves. By its nature, a spendthrift trust prevents heirs from racing through their inheritance, …

You’ve put in the time and effort to create a legal trust that’s an effective tool for you right now, but what happens as your circumstances evolve? It’s something to think about, and a somewhat-recent case in Missouri highlights the importance of the issue. When it comes to your trust, don’t leave anything to chance; …