Estates and Trusts

Estate planning, probate, trust administration, and fiduciary disputes in Missouri.

Estate planning and estate administration sit at opposite ends of the same story. Planning is the set of documents you put in place while you are living so that your wishes are carried out and your family is protected, both if you become incapacitated and after you die. Administration is what happens afterward, in or out of the probate court. Our attorneys handle both, from a young family's first will to the settlement of a farm or business estate, and the disputes that sometimes follow.

The documents every plan needs

A will directs who receives your property and who will serve as personal representative. Without one, Missouri's intestacy statutes decide, based on legal family relationships rather than your wishes, and the result can be very different from what you would have chosen. A valid Missouri will must be in writing, signed by the testator, and attested by two witnesses; § 474.320, RSMo. A will can also nominate a guardian for minor children and authorize independent administration, which makes any later probate simpler and less expensive.

A revocable living trust can hold property during life and direct its administration at incapacity and death. While competent, the settlor ordinarily retains control and may amend or revoke the trust. Assets properly transferred to the trust generally avoid probate, but creating the document alone does not change title; an unfunded asset may still require probate. A living trust may help preserve privacy, provide for a minor or a person with special needs, or support continuity for a business. It is commonly paired with a pour-over will for property left outside the trust, although property passing through that will remains subject to probate.

Durable powers of attorney and health care directives cover the years before death, when you may not be able to act for yourself. A durable power of attorney lets a trusted agent manage your finances if you become incapacitated and can avoid the need for a court-supervised conservatorship. A durable power of attorney for health care names someone to make medical decisions, and a health care directive states in advance which life-sustaining treatments you do and do not want. Both can be revised at any time, and both should be shared with the people you name.

Beneficiary designations and non-probate transfers often matter more than the will itself. Retirement accounts, life insurance, and payable-on-death or transfer-on-death accounts pass directly to the named beneficiary regardless of what a will says. Missouri's Nonprobate Transfers Law, Chapter 461, RSMo, also allows real estate to pass by beneficiary deed and vehicles and other titled property to pass by transfer-on-death designation. Coordinating these designations with the rest of the plan, and updating them after a marriage, divorce, birth, or death, is as important as the documents themselves.

Probate and trust administration

Probate is the court process for identifying a decedent's probate assets, addressing allowed claims and expenses, and distributing what remains. The level of court involvement depends on what the decedent owned, how it was titled, the governing documents, creditor issues, and whether disputes arise. Some estates require only filing the will or using a limited procedure; a supervised administration requires court approval of many steps, an inventory, and a final settlement. Independent administration may reduce routine court supervision when authorized. Missouri also provides small-estate and refusal-of-letters procedures in qualifying circumstances. Even an efficient full administration ordinarily remains open beyond the statutory creditor period.

If you have been named personal representative or trustee, your first step should be a meeting with an attorney to review the documents and your duties. A trustee has statutory obligations to keep beneficiaries informed and to account for the trust, and a personal representative is accountable to the court and to the heirs. We guide fiduciaries through the process, prepare the required filings and accountings, and handle estate claims, sales of real estate, and the tax questions that arise along the way. Missouri imposes no state estate tax; whether the federal estate tax applies depends on the size of the estate and the exemption in effect at the time of death.

Guardianships, conservatorships, and disputes

When an adult can no longer manage personal or financial affairs and has no powers of attorney in place, a court may appoint a guardian for the person and a conservator for the estate. We represent family members seeking appointment, and we represent the interests of the person alleged to be incapacitated. Our attorneys also speak regularly to community groups on grandparents' rights, guardianships, and estate planning.

Not every estate settles peacefully. Will contests, claims that a trust was procured by undue influence, disputes over a fiduciary's accounting, and disagreements among beneficiaries are litigated in the probate division. We handle these matters for personal representatives, trustees, beneficiaries, and creditors, and we work to resolve them without destroying what remains of the family relationship whenever that is possible.

Common questions

Should I have a will or a trust?

The answer depends on the assets, family circumstances, privacy concerns, and administrative goals. A will may be sufficient when nonprobate designations are coordinated and court administration is acceptable. A properly funded revocable trust can provide continuity during incapacity and avoid probate for assets held in the trust. Trust provisions may also be useful for a business, blended family, minor beneficiary, or beneficiary with special needs. A trust does not replace every other planning document and must be funded and maintained to achieve its intended result.

Can I make handwritten changes to my will?

Do not write on, cross out, or add language to an executed will or trust without legal advice. A handwritten alteration may be ineffective, may revoke part of the document, or may create ambiguity about the signer's intent. Changes ordinarily should be made through a properly executed codicil, trust amendment, restatement, or replacement document, with the formalities the law requires.

What should I bring to an estate planning appointment?

A list of what you own and owe, including real estate, accounts, retirement plans, life insurance, and business interests; how each is titled and who is named as beneficiary; and your thoughts on who should receive what, who should serve as personal representative, trustee, or agent, and who should care for minor children.

What happens if I die without a will?

Missouri's intestacy statutes determine who receives property that is subject to probate. The result depends on surviving spouses, descendants, parents, and other relatives and may not match the decedent's preferences. Beneficiary-designated and jointly owned property may pass outside probate under separate rules. The probate court appoints a personal representative, and there may be no written nomination of a guardian for minor children.

When should I review or update my estate plan?

Review the plan after marriage, divorce, birth or adoption, a death or disability in the family, a substantial change in assets or debt, the sale or acquisition of a business or real estate, a move to another state, or a change in the people chosen as beneficiaries or fiduciaries. Beneficiary designations and asset titles should be reviewed at the same time. A periodic review is also useful because tax laws, probate rules, and personal circumstances change.

What are the duties of a personal representative or trustee?

A fiduciary must follow the governing instrument and applicable law, identify and protect assets, keep appropriate records, address valid expenses and claims, handle tax matters, provide required information or accountings, and distribute property to the proper recipients. Trustees also owe duties of loyalty, impartiality, prudent administration, and control of trust property. The exact duties and deadlines depend on the document and type of administration.

Does a trust avoid probate automatically?

No. A revocable trust avoids probate only for assets that are transferred to the trustee or otherwise directed to the trust through an effective nonprobate designation. Real estate, accounts, business interests, and titled property must be reviewed individually. A pour-over will can direct remaining probate assets to the trust, but those assets still pass through probate before reaching it.

What we handle

• Will and trust preparation
• Non-probate transfers
• Durable powers of attorney
• Health care directives
• Probate administration
• Estate claims
• Probate and trust litigation
• Guardianships and conservatorships

Attorneys who handle estates and trusts matters

Insights on estates and trusts law

Longer reads from our attorneys on the questions clients ask most in this area.

General information only. Williams | Robinson | Wiggins provides this material as a public service. It summarizes selected legal topics and is not legal advice for any person or situation. Legal outcomes depend on specific facts and current law; an attorney can give advice only after reviewing the circumstances of the matter.

To discuss an estate-planning, probate, trust, or guardianship matter, call (573) 341-2266 or send a message through our contact page. Our office is at 901 N Pine Street in Rolla, and we serve clients throughout Phelps, Pulaski, Dent, Texas, Crawford, and Maries counties and the rest of south-central Missouri.