Why Every Older Adult in Missouri Needs an Estate Plan — And How to Get Started

As an elder law and estate planning attorney here in Missouri, I have sat across our conference table from too many grieving families left picking up the pieces because a loved one never got around to making an estate plan. Just this month, we prevailed in a 9-hour trial wherein we successfully obtained many assets left to a girlfriend of 21 years whose boyfriend wrote his own handwritten will. The couple never married as they had both been married and divorced twice before. They also avoided marriage because they worked at the same employer for several years and feared that if they married, their jobs may be put in jeopardy. As a result, I am writing this today for those of you who might still be putting this incredibly valuable aspect of aging off, because without a well-constructed estate plan in place, Missouri law has one for you, and you probably would not like the result of its implementation because it is unlikely it reflects your specific and personal last wishes.

Why You Need an Estate Plan

You will pass away eventually. If you pass away without an estate plan, you are said to have died “intestate.” In Missouri, when that happens, Chapter 474 of the Missouri Revised Statutes dictates how your property is divided, regardless of your personal wishes, handwritten notes, family discussions, or family dynamics.

For example, under RSMo § 474.010, if you die intestate leaving a spouse and children, your spouse gets the first $20,000 of your estate and half the remainder, with your children splitting the rest. This might sound fair on paper, but what if your spouse relies on that entire estate to maintain their home or standard of living? What if your children are minors, estranged, or irresponsible with money? The court won’t consider these factors.

I once handled a probate case where a man died without a will, leaving behind a wife of 30 years and children from a prior marriage he had not spoken to in over a decade. His wife was forced to split the estate with these estranged heirs, leading to bitter legal battles, delays, and unnecessary costs. It was a heartbreaking situation that could have been avoided with a simple estate plan.

The High Cost of Doing Nothing

Dying without an estate plan can mean: (1) Lengthy probate proceedings: It is not uncommon for probate to take a year or more in Missouri; and (2) Family conflict: Heirs often disagree about what “Mom would have wanted,” which can result in costly court fights; and (3) Loss of control: Without legal documents, you do not control who receives your assets, who cares for your minor children, or who makes healthcare decisions if you become incapacitated.

What a Comprehensive Estate Plan Includes

A well-prepared estate plan is not just about distributing your property — it is about protecting your loved ones and your own future well-being. Here is what a complete estate plan typically includes: (1) Last Will and Testament — Specifies how your assets are to be distributed and names a personal representative to handle your estate; and (2) Revocable Living Trust — Allows your assets to avoid probate, providing faster, private, and more flexible management of your estate; and (3) Durable Power of Attorney for Financial Matters — Appoints someone you trust to manage your finances if you become incapacitated; and (4) Durable Power of Attorney for Healthcare — Appoints someone to make medical decisions on your behalf if you cannot; and (5) Advance Healthcare Directive (Living Will) — Outlines your wishes for medical treatment, life support, and end-of-life care; and (6) Beneficiary Declarations — Ensures that your life insurance, retirement accounts, and other payable-on-death assets go where you intend. These are commonly referred to as Transfer on Death or Payable on Death designations.

How to Hire a Good Estate Planning Attorney in Missouri

Choosing the right attorney is one of the most important decisions you will make in this process. Attorneys across our great state address many practice areas. While good intentioned general practice attorneys may tell you they can help, their inexperience in this area can lead to tragic results. Just as you should not hire a dermatologist to remove your spleen, you should not hire a general practice attorney to draft your estate plan. Here is how to find the right fit: (1) Look for experience in Missouri estate planning law. Missouri has unique probate and property laws — you need someone who knows them well; and (2) Check credentials and memberships. Look for attorneys who have many years of practice in estate planning, or who are members of organizations like the Missouri Bar’s Probate and Trust Law Committee; and (3) Read reviews and ask for referrals. Talk to friends, family, or financial advisors for recommendations; and (4) Schedule an initial consultation. Most attorneys offer a consultation to discuss your needs and explain their process and fees.

Final Thoughts

Estate planning is one of those tasks people tend to postpone — often until it is too late. But the peace of mind it brings is priceless, both for you and for those you leave behind. If you don’t make these decisions, Missouri law will make them for you — and it will not take your personal wishes, your family’s unique circumstances, or your hopes for the future into account.

I encourage you to speak with an experienced Missouri estate planning attorney to protect your legacy and your loved ones. Your family deserves the clarity and security that only a well-prepared estate plan can provide. If you would like to learn more about how we help families with wills, trusts, and probate matters right here in Missouri, feel free to reach out. It is never too early to plan — but it can easily become too late.

Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including bankruptcy, estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Ste. A, Jefferson City, Missouri in 2006. He has been awarded the Substantial Contributor Attorney Award by the Missouri Bar and ranked as one of the “Top Attorneys in Missouri” by The Legal Network and others. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook and other social media platforms.