A “Pour Over” will is a document that is used as a supporting document in a Trust Based Estate Plan. Trust based plans rely on “funding” or “retitling” of your assets, property, bank accounts, etc. A Pour Over Will is a backup instrument that is intended to take care of anything that was not funded properly, whether… Continue Reading
Category Archives: Wills
Wills Do NOT Avoid Probate in Missouri!!
Once again last week I got to explain to a client that Wills only work through the probate system. A very, very nice lady came in with her elderly mother’s will. It had been prepared by an out of town firm by a lawyer recommended by a financial planner. The will was simple, but valid. When… Continue Reading
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The Myth of the Simple Will in Missouri
Time and time again we get phone calls from people stating they want us to prepare a “simple will” for them. Time and time again my response is that they are likely wrong. The simple truth is that simple wills do very, very little. To be sure, there are few, limited situations where they make… Continue Reading
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Missouri Wills that do NOTHING!
Many times wills do absolutely nothing. Consider this sad, true story, modified only slightly: I received a call from a client a little while back. We’ll call her Suzy. Her father had died four years ago. He left a Will that said, in essence, I leave everything to my wife should she survive, and if not to… Continue Reading
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Is My Missouri Trust or Will Valid When I Move to Another State?
The general rule is that a Will or Trust is valid anywhere if it is valid “where executed, when executed”. That being said, however, if you are moving from Missouri to another state it is always a good idea to see a competent Estate Planning lawyer in your new state. This is particularly true if you are… Continue Reading
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Missouri Beneficiary Deeds Override Wills
Once again today I got to explain to a child that a Will does not override a Beneficiary Deed. Beneficiary Deeds transfer property to another upon the death of the owner of the property. They are sometimes called “TOD” or “Transfer on Death” Deeds. Assuming the beneficiary is alive it happens instantly and automatically upon… Continue Reading