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Estate Planning Lawyers in St. Joseph

Secure Your Legacy in Missouri 

The technicalities of estate planning can be quite nuanced and confusing. That is where an attorney comes in, as we can help you to better plan for your and your family’s future. The above are only a handful of estate planning matters we help with; we can also guide you through power of attorney matters and conservatorship concerns. Whatever your estate planning concern, do not hesitate to contact Kranitz, Sadoun & Carpenter for legal support. We have your best interests in mind and will do our best to protect your property for you and your loved ones.

Request a consultation with our St. Joseph estate lawyers to begin securing your legacy today.

Benefits of Having a Will

Key Benefits of Having a Will:

• leave your property to specified people or organizations;
• name a personal guardian to care for your minor children;
• name a trusted person to manage property you leave to minor children; and
• name an executor, the person who makes sure that the terms of your will are carried out.

If you pass without a will, your property will be distributed by default according to state "intestacy" laws. In Missouri, this means your property will be given to your closest relatives, beginning with your spouse and children. 

Anyone who is 18 years or older and who is of sound mind may make a valid will. In most cases, a will disposes of the creator’s (testator’s) real and personal property. Some might use a Missouri will to donate all or part of their body to any college, university, licensed hospital, or state anatomical board. 

To finalize a will in Missouri, you must sign the document in front of 2 witnesses, and the witnesses must sign the will in front of you. Note that your will should be signed by disinterested persons who do not stand to inherit anything from you.

It is not a requirement to notarize a will in Missouri, but doing so makes the will “self-proving,” which can help speed up the probate process because the court will not need to contact the witnesses of the will. To make a will self-proving, you and your witnesses merely need to go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.

How to Amend or Revoke a Will in Missouri

You may revoke or change your will at any time by:

• burning, canceling, tearing, or obliterating the will;
• ordering someone else to burn, cancel, tear, or obliterate the will in front of you; or
• making a new will.

While it is possible to add an amendment (called a “codicil”) to the end of your will to make changes, it is recommended to simply revoke the old will and recreate a new will. Keep in mind that if you and your spouse divorce, Missouri law revokes any language in your will in your ex-spouse's favor. 

Many people find that life changes such as the birth of a child, a move to a new home, or retirement are good times to sit down with an estate planning attorney to review whether their current will still reflects their wishes under Missouri law. By periodically reviewing your documents with a lawyer who understands both state requirements and local practices in courts such as the Buchanan County probate division in St. Joseph, you can reduce the risk of confusion or conflict among your loved ones later on.

Missouri Living Trusts: Avoid Probate and Secure Assets

Another important estate planning tool to consider is the living trust. Similar to a will, the beneficiaries named in your living trust will receive the trust property when you die. While wills must go through probate, however, trusts do not need to. That is often the key reason people elect to create trusts. Property left through a will might be tied up for months in probate court, while property left through a trust can be distributed to the named beneficiaries almost immediately.

Note that, while there are benefits to a living trust, it is still important that you have a will. For one, you cannot use a trust to name a guardian for your minor children; only a will can do that. Additionally, a will can account for property that you have not transferred to your trust. A will can act as a backup to dictate how assets that are not in the trust should be distributed.

Planning Your Missouri Estate With Powers of Attorney

A complete estate plan usually includes more than just a will or trust, because you also need documents that govern who can act for you if you become unable to make decisions yourself. Powers of attorney let you appoint trusted individuals to handle financial matters, sign legal documents, or make health care decisions if you are incapacitated. Without these documents in place, your family might have to go through a court process in Missouri to have someone appointed, which can take time and add stress during an already difficult period.

There are different types of powers of attorney, including those focused on finances and those that cover medical choices, and each must comply with Missouri statutes to be effective. When we draft these documents, we work with you to identify who should serve, what authority they should have, and whether there are any limits or instructions you want to include. This careful planning helps families in communities like St. Joseph and the surrounding counties avoid uncertainty and gives them a clear roadmap if a sudden illness, accident, or long-term condition affects a loved one.

What is Probate?

Probate is the legal process that occurs after a person dies and their property must be distributed. If the decedent dies with a valid will, the property left behind will be distributed according to the will. If a person dies without a will, then Missouri's probate law dictates how the assets will be distributed. Probate is not always required when someone dies, depending on what assets are in the estate.

Types of Probate Processes in Missouri

Missouri implements several types of probate processes:

• Small Estates (does not require probate)
• Independent Administration (requires probate)
• Supervised Administration (requires probate)

Assets That May Require Probate

Probate is necessary when a person dies with property in their name or with rights to receive property. 

Examples of assets that must go through probate include:

• bank accounts in the decedent’s name with no co-owner and no beneficiary designation;
• a home or land that is owned by the decedent individually;
• a home or land that is co-owned as tenants in common (not with right of survivorship);
• stocks and bonds in the decedent’s name;
• tangible possessions like clothing, jewelry, furniture, cars registered in the decedent's name only.

Assets That May Bypass Probate

On the other hand, some assets like the following may skip probate and transfer directly to the beneficiary:

• property in a revocable living trust (above);
• a home or land owned as joint tenants with a right of survivorship or tenancy by the entirety;
• life insurance policies and retirement accounts with a designated beneficiary;
• bank accounts with a Payable on Death (POD) or Transfer on Death (TOD) clause;
• cars, RVs, boats, and motor homes with multiple names on the title (presumed to be jointly owned with rights of survivorship and pass to the other upon the death of one of the owners).