The implications of utilizing non-probative transfers, such as Beneficiary Deeds and POD/TOD designations, can be tricky to understand when preparing a Will. Rule #1: Wills have no control over assets transferred by Beneficiary Deed or TOD A common scenario: a client wants to avoid probate, so they apply “non-probative transfers” to their assets. By non-probative […]
If I have a trust do I still need a Will? In short, yes. It is always advisable to have a Will. If you have a Trust you should still have a Will. There are certain issues addressed in your Will that cannot be addressed in a Trust. Some of these issues include nominating a […]
Learn about how Revocable Living Trusts work. How does a Trust work? “A Will Meets a Business” I think it is easiest to think of a Trust as “a Will meets a business.” A Trust is like a Will because it performs the same ultimate function—transferring your assets to your beneficiaries. However, a Trust is […]
Learn the difference between commonly confused estate planning terms. Estate Planning terms vary from state to state Legal verbiage is notoriously confusing. In Estate Planning this confusion is compounded by different states using different terms to describe the same concepts. One example is the term “Executor.” An Executor is called a “Personal Representative” in Missouri […]
How can I protect my assets from Medicaid? In Missouri, there are a variety of options when it comes to planning for long-term care. This discussion will focus on the Irrevocable Medicaid Asset Protection Trust. One significant advantage to having an Irrevocable Medicaid Asset Protection Trust is that assets transferred into the trust may not […]
Under Missouri law, you can revoke a Will be destroying it, canceling it, or by creating a new Will. When a client has an existing Will (plenty of course do not—for many clients this is their first estate plan), they frequently ask what will happen to their old Will, if they create a new one. […]
Learn about the strengths and weaknesses of Testamentary Trusts compared to other estate planning tools. A Testamentary Trust is a type of Irrevocable Trust created upon your death. The terms of the trust and instructions for its creation would be contained in your Will. Unlike many other forms of Trusts, a Testamentary Trust is formed […]
What are the differences between General Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds? In Missouri, there are three primary types of deeds used to transfer title to a piece of real estate: a General Warranty Deed, a Special Warranty Deed, and a Quitclaim Deed. Each type of deed provides a different level of assurance […]
The differences between a Trust-based estate plan and a Will-based estate plan can be quite significant. What are the advantages of having a Trust in your estate plan? A Trust offers many benefits that a Will does not: 1. Trusts can distribute assets over time and under the supervision of a trustee. This is particularly […]