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When creating an estate plan in Missouri, choosing between a testamentary trust and a living trust can significantly impact probate, privacy, court involvement, incapacity planning, and asset protection. This guide explains the key differences between these two trust structures, including how they are created, funded, administered, and treated by Missouri courts. Learn the advantages and disadvantages of each option and discover which trust may best fit your family's estate planning goals.

Learn how testamentary trusts work in Missouri, when they become effective, whether they avoid probate, tax considerations, trustee responsibilities, common misconceptions, and practical estate planning examples.

When someone dies, one of the most common questions families ask is, "What happens to all of their personal belongings?" Personal property often carries sentimental value and can be the source of confusion or disagreement among family members. Understanding how personal property is transferred af...

 For many people there are two main assets: a personal residence and retirement plans. For many individuals, retirement accounts represent years of disciplined saving—and often make up one of the largest portions of their wealth. Without proper planning, however, those assets can be heavily...

A revocable living trust is a powerful estate planning tool that helps Missouri families protect assets, maintain privacy, avoid probate, and plan for incapacity. This article explains how revocable living trusts work, who benefits from them, and why working with a Missouri estate planning attorney near you who provides peace of mind through every stage of life.

No one wants to think about their own death or dying. An accident can happen any day. You could be diagnosed with a terminal illness. Make end-of-life decisions while you have capacity with an advanced health care directive. End of life decisions may be tailored for faith-based and age-related preferences.

Why a Missouri Advance Health Care Directive Is More Than a “Living Will” for Catholics Many Missouri Catholics assume their end‑of‑life wishes are handled because they have completed a “living will.” Often, that means signing the free Missouri Bar Health Care Directive—a standardized form commonly used by online form companies and hospitals.

Happy Holidays!  Now it's time to watch the year tick down. Then we ring in the New Year and watch the Ball drop. As you reflect on the year – Did you accomplish all your goals in 2022?  Life happens and maybe you didn't get to everything.  Do you know one goal that should not be put off?  Your E...

Why do you need to create your estate plan? If you don't think you have an estate plan, you do—it's called Missouri's intestate laws.  Missouri will divide your property.  If you have no family, your property escheats to state ownership. Let's look at the reasons why you need to take charge of yo...

It's a daunting task to put together an estate plan in Missouri for yourself and maybe even a spouse. When you add children, the complexity increases.  If a child has special needs, it becomes imperative to have an estate plan in place—because you may be their only source of support socially, emo...

Thinking about estate planning? Here is a basic estate planning checklist of documents that you may want to consider or ask about.

When parents have a child with a mental or physical disability, they should consider creating a special needs trust. A special needs trust provides for a quality of life. It sets out terms for a care manager, care provisions, and housing. It is an important plan especially for the child aging into adulthood.

If you don't have a will, ask yourself this question: “What happens if I die without a Last Will and Testament?”  People spend a lifetime earning a retirement, paying for a home, building up a dream savings.  People spend years gathering but very little planning for the end. Waiting until a major illness or near-death presents complex challenges that might not make a life plan possible and move more towards probate. Planning ahead with a last will and testament is peace of mind for you and your family.

How do married couples protect their assets against creditors? Tenancy by the entirety property (TBE) offers protection for married couples against creditors.  TBE is jointly owned property titled in both names and receives creditor protection. Married couples may hold any type of asset, real est...

Why is a living will important? A living will in Missouri is called an advanced health care directive. It is a set of medical instructions for what to do when someone is unable to make important medical decisions on their own. It is a legal document that provides your end-of-life care or medical treatment preferences. There are different Advance Health Care Directives that reflect religious beliefs or meet different needs. What is important is that you talk to an estate planning attorney to put one in place for peace of mind.

In today's world, more U.S. citizens are marrying foreign-born spouses. According to the U.S. Census Bureau, approximately 10% of marriages in the U.S. involve a foreign-born spouse. Estate Planning is different for those married to a foreign spouse. A Qualified Domestic Trust (QDOT) is a solution for this type of marriage. Learn more about QDOTS.

Why is a Pet Trust important? A pet trust helps you plan for the care of your pet in case of incapacity or death. You provide and take care of your family member if something happens to you. A plan keeps your pet from possible euthanization.

You want to protect your family with estate planning. You have different types of assets and want to decide how to leave your assets. There are beneficiaries and heirs. There are different types of beneficiaries. This offers information on designating beneficiaries. What is a designated beneficiary and when do you list them?

What Happens to My Child If I Die? As a parent, it is difficult to think of someone who can raise our children in our place. If you don't plan, Missouri will plan for you.

Let's explore estate planning, elder law and the law firm Your Estate Ally® . Who is Your Estate Ally®? Why choose Sheri Tucker as your estate planning or elder law attorney? Estate Planning changed over the years. Elder care and special needs is now an important part of estate planning today. staying up-to-date strengthens the attorney's ability to advocate for seniors and those with special needs. Learn more about Your Estate Ally and Sheri Tucker, attorney.

What is the right estate plan for you? A true estate plan is one that is tailored to meet the needs of the individual or family. Does a last will and testament meets your needs? A single person may need something different than a young married couple or married with children. Do you need a last will and testament or a revocable living trust? Are there special needs? Do you need a plan for pets? Your Estate Ally gives personal care service and is a law firm dedicated creating an estate plan that is a true fit for you.

A living trust is an important piece of estate planning.  Once in awhile parents will want to appoint co-trustees as their successor trustees.  The question typically comes up when there are two or three children and parents don't want to leave one out.  I'm asked, "Can we just appoint co-trustee...

When creating an estate plan, grantors need to consider choices for a successor trustee. How does a successor trustee step in and take care of a trust? What are the duties of a successor trustee? What characteristics should a grantor consider when choosing a potential successor trustee? This blog explores duties and characteristics to consider for choosing a successor trustee in your estate plan.

What is estate planning? It's all about you! Why do you need an estate plan? We've read the celebrity stories about famous people without an estate plan.  For example, Prince's estate of $156 million finally settled after 6 years of tense, terse, court battles.  A most recent horror story let us ...

What is estate planning? It's all about you! Why do you need an estate plan? We've read the celebrity stories about famous people without an estate plan.  For example, Prince's estate of $156 million finally settled after 6 years of tense, terse, court battles.  A most recent horror story let us ...