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The probate process is the judicial administration of a decedent’s assets after an individual’s death.  Most families take steps to avoid the probate process, typically through the employment of a living trust.  It should be noted, however, that probate, while a bit cumbersome, is not the end of the world. Understanding the Probate Process: What […]

The right time for estate planning is always RIGHT NOW. While a family may be young, sudden illness or accidents can leave important matters in disarray. Why You Shouldn’t Delay Estate Planning Having a valid estate plan—especially a will—is far better than leaving things to chance. A will allows you to direct your assets according […]

Most trusts provide for distributions to beneficiaries under a standard that falls between full trust discretion and strict set mandates.  Most trusts, however, rely upon Ascertainable Standards, with discretionary distributions made for the beneficiary’s Health, Education, Maintenance and Support.  These standards are recognized as a proper and workable system for protecting trust assets. The term […]

In 2026, the living trust has been the principal estate planning tool for over 25 years.  Assets held in a living trust avoid the probate process; assets distributed through a will do not. How to Avoid Probate and Protect Your Family’s Future For many families, probate can feel like an overwhelming and emotionally draining legal […]

Guardianships are court-administered protective services for individuals who do not hold full capacity.  A family member, close associate, or the court, will typically serve as guardian.  Guardianships can be avoided with powers of attorney executed prior to the loss of capacity. Why Guardianship is a Vital Part of Estate Planning in Missouri Estate planning isn’t […]

Every comprehensive estate plan should include a power of attorney, a healthcare declaration, a last will and testament, and if appropriate, a revocable living trust. So what are the absolutely most important core estate planning documents that every client should have.  We cover that in this blog post.  At the Elder and Estate Planning Law […]