Estates, Trusts & Probate
Wills, revocable and irrevocable trusts, powers of attorney, and probate and trust administration for families and business owners across the Northland.
What is estates, trusts & probate?
Estate planning is the process of organizing control of your assets if you become incapacitated and the distribution of your assets after your death. Probate is the court-supervised process of settling an estate after a death. A complete plan typically includes a will, a trust where appropriate, a durable power of attorney, a medical power of attorney, and an advance directive.
Why have an estate plan
An estate plan does five things. It provides for and protects the people you love. It protects assets you have spent a lifetime accumulating. It records your instructions for end-of-life care so no one has to guess. It heads off the disputes that tear families apart. And it leaves organization behind instead of a mess.
Ron Mullennix has spent more than 35 years on this work, and David Holdsworth has concentrated on it since 1975, teaching Estate Taxation and Planning at UMKC School of Law and publishing in the national journal Estate Planning. Between them, our clients get counsel that has seen how plans actually perform decades after they are signed.
The documents, in plain language
A will sets out your wishes regarding the distribution of your property and the care of any minor children. A trust is an agreement allowing a trustee to hold assets on behalf of beneficiaries. A revocable living trust avoids probate, keeps your affairs private, and reduces administrative fees. A power of attorney grants authority to manage your affairs if you cannot. A medical power of attorney names an agent for health care decisions. An advance medical directive documents your wishes about end-of-life treatment.
For business owners and families with more complex holdings, we prepare family limited partnerships, irrevocable and charitable trusts, and succession plans that transfer a company without dividing a family.
Probate and trust administration
When someone dies, we guide personal representatives and trustees through the entire administration. We also handle contested matters when an estate or trust is disputed.
Common questions
Do I need a trust, or is a will enough?
It depends on what you own and what you want to avoid. A will directs who receives your property but does not avoid probate: the will is what the probate court administers. A revocable living trust holds assets during your life and passes them to beneficiaries without probate, which keeps the transfer private, generally faster, and often less expensive in administrative fees. Families who own real estate, own property in more than one state, have a blended family, or want to control the timing of distributions to children are the most common candidates for a trust.
How long does probate take in Missouri?
A supervised probate administration in Missouri commonly takes six months to a year or more, driven largely by the statutory creditor claim period that runs after notice is published. Estates involving real estate sales, contested claims, or disputes among heirs take longer. Missouri also offers simplified procedures for smaller estates, and a determination of heirship or refusal of letters may be available in some circumstances.
What happens if I die in Missouri without a will?
Your property passes under Missouri's intestacy statutes, which set a fixed order of inheritance: spouse, then children, then more distant relatives. The court, not you, decides who administers the estate, and if you have minor children the court selects their guardian. Intestacy rarely matches what a person would have chosen, particularly in blended families or where a partner is not a legal spouse.
What is a durable power of attorney and why do I need one?
A durable power of attorney names someone to manage your financial affairs if you become unable to do so, and it remains effective after incapacity. Without one, your family may have to petition a court to appoint a conservator. That is a public, contested, and expensive process at the worst possible moment. A medical power of attorney does the same for health care decisions, and an advance directive records your wishes about end-of-life treatment.
Can you help after a death, not just before?
Yes. We represent personal representatives and trustees through the full administration: opening the estate, marshaling and valuing assets, publishing notice and handling creditor claims, filing required tax returns, and distributing to beneficiaries. We also handle contested matters, including will contests, trust disputes, and claims of breach of fiduciary duty.
Talk with a lawyer who knows this community.
Tell us what you are facing. We will point you to the right attorney and explain your options in plain language. No obligation.