
ESTATE PLANNING
Avoid probate. Simplify planning. Save money. Find out how estate planning can help you and your family.
We work closely with you to develop an estate plan that meets your needs, goals and expectations
and prepares you and your family for the future.
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Estate Planning Services
Revocable Living Trust
A revocable living trust effectively avoids probate while allowing for maximum flexibility in the nature of transfers being made. Trusts are effective tools for single people and for married couples. For couples, a revocable living trust is often "joint" (one trust shared between two spouses) but some situations merit having two spousal trusts. Trusts are usually intended to hold substantially all assets of its owner, who serves as both the "Grantor" and "Trustee" of the trust - maintaining full control during one's lifetime.
Health Care Power of Attorney
A Health Care Power of Attorney is a document that grants authority to act on someone's behalf and make certain binding decisions for them with regard to medical and health care matters. Often, a spouse is named as the primary "agent" or "attorney-in-fact" but naming key backups or successors is central to an effective Health Care Power of Attorney. This can be an effective way to prepare for possible mental incapacity and to avoid some of the difficulties that come with medical decisions.
Irrevocable Trust
While many trusts are "revocable" (meaning they can be changed, amended or terminated by its creator) other trusts are intentionally "irrevocable." Sometimes this is done asset protection purposes for for special instances relating to life insurance (called an "Irrevocable Life Insurance Trust"). Other varied personal situations may merit the use of an irrevocable trust.
Probate
When proper planning is not in place, probate is often needed. In addition to representing clients in probate administration, we guide clients similar proceedings within the probate division of the Courts, such as Small Estate Affidavits, Determination of Heirship and Refusal of Letters.
Last Will and Testament
A Will as the center of any estate plan. A Will directs how assets are transferred at death (i.e. who receives distributions) as well as who is in charge of the administration of that process. While certainly an effective tool (and sometimes just the right tool for certain situations) a Will has to go through probate. Accordingly, in many estate plans, we center planning on a Trust rather than a Will. However, even with a Trust in place, a Will can serve an important tole as a "backup" tool (often referred to as a "Pourover Will") to help ensure that all assets end up properly within the Trust.
Advance Health Care Directive
An Advance Health Care Directive is often coupled with a Health Care Power of Attorney. It is similar to a "Living Will" or "Health Care Declaration" in that it lays out wishes, directions and guidance with regard to end-of-life decisions. In many cases, an Advance Health Care Directive instructs medical providers to withdraw care in a scenario where multiple physicians have determined that the patient's death is imminent and there is no chance of recovery but details can vary based on preference.
Special Needs Trust
Parents of children with certain life conditions, challenges, needs or disabilities can benefit from the creation of a Special Needs Trust. This type of trust can be a powerful tool to preserve the ability of the child to receive public benefits/assistance while utilizing trust assets to provide for additional needs and expenses. These can be stand-alone trust or be incorporated as part of another trust.
Trust Administration
After death, a trust needs to be carried out or "administered." In many instances, the Trustee (the manager of the Trust) can carry this out without much assistance. However, when needed, we represent Trustees in carrying out their duties and adhering to Missouri laws."
General Power of Attorney
A Power of Attorney is a document that grants authority to act on someone's behalf and make certain binding decisions for them. For example, a person creating a Power of Attorney (sometimes called the "principal") may grant authority to another person (sometimes called the "agent" or "attorney-in-fact) to make decisions for them with regard to financial, banking, legal, business, banking, tax, and personal matters. This can be an effective way to prepare for possible mental incapacity. The details of a Power of Attorney vary based on personal need and circumstance.
Beneficiary Deed
A Beneficiary Deed is a real estate document that directs the transfer of property upon the death of the owner. An owner of real estate can have this document prepared and then recorded with the County Recorder of Deeds office. Upon their death, that property (if they still own it and haven't revoked the Beneficiary Deed) will go to the named recipient (the "Grantee") automatically - requiring only some very simple paper work. This transfer avoids probate and can be a vary valuable tool for certain situations..
LLCs
The use of a limited liability company (LLC) in estate planning can be very important. In instances of certain business interests or real estate ownership, using an LLC within estate planning context can offer key benefits.
Additionally, being careful to properly incorporate existing LLC ownership interests into estate planning (such as a new Trust) is vitally impotant.
Real Estate
Real estate is a crucial part of estate planning. When real estate is limited to a personal residence, it rather simply fits into general estate planning parameters. However, when multiple parcels are owned or unique circumstances exist, proper planning for real estate becomes central.
What is estate planning?
Estate planning is process of creating a plan for what happens to the things you own when you die. It also includes planning for what happens if you are incapacitated (but alive). Estate planning can take many different forms and accomplish varied goals depending on the your particular needs. Regardless of wealth, family size, marital status or particular planning preferences, estate planning in Missouri is crucial. Common goals of estate planning include avoiding probate, providing for family members, minimizing tax burdens, and streamlining and simplifying the process of these things occuring.
Who needs estate planning?
Estate planning is for everybody. The particulars of your estate plan will of course depend on your needs, your goals, your family and the things that you own. But having robust and thorough estate planning in place is key for everybody
Do I need estate planning if I'm single or don't have kids?
Yes. Being married or having children are certainly not pre-requisites for need a good estate plan. In some ways, being single actually makes estate planning more important. It isn't as intuitive to whom you might give assets or whom you might name to be in charge of important decisions. Similarly, not having kids can make these types of decisions and directives particularly important.
Ultimately, people with spouse need estate planning. People without a spouse need estate planning. People with kids need estate planning. People without kids need estate planning.
What documents are part of estate planning?
Estate planning can involve many different tools. These often include a Revocable Trust, a Will, a General Power of Attorney, a Health Care Power of Attorney and a Health Care Advance Directive. Documents such as a warranty deed or beneficiary deed can be key for real estate. Some situations require tools such as a Special Needs Trust, Irrevocable Trust, Asset Protection Trust, Life Insurance Trust and other documents.
What is probate?
When you die, the things that you own would go through probate unless some type of purposeful planning has taken place. In Missouri, probate is the court-supervised process by which your assets would be transferred from you (deceased) to someone else. If you have a Will, its terms would govern most assets. If you do not have a Will, Missouri has particular laws regarding "intestate succession" that would direct to whom your assets would go. Probate is somewhat time consuming (generally 7-12 months or longer), there are certain costs associated with it (court costs, attorney fees, personal representative fees) and it is generally something that you aim to avoid having to go through.
Is estate planning only for wealthy people?
No. While having substantial wealth certainly accentuates the need for thorough estate planning, estate planning is important regardless of wealth. If you own real estate, have investments, own vehicles or have life insurance, you need estate planning. Even people of very modest means/wealth benefit from simple versions of estate planning.
What's the difference between a Will and Trust?
A Will directs where your assets go and whom they go when you die. A Will goes through probate. It is generally for one person (a couple would each have a Will). While generally cheaper to set up, it has some limitations.
A Trust also directs where your assets go and to whom they go when you die. However, a Trust avoid probate. Additionally, a Trust allows you to be more flexible, creative and directive about how your assets are used. Further, special provisions within a trust can address unique situations with children or unique types of assets you own.
For most people, the decision to create a Trust (rather than just a Will) is based on avoiding probate and often providing assets to beneficiaries in directive and purposeful ways (rather than simple outright tranfers).
How can estate planning help a family with young children?
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How can you avoid probate?
Yes! There are numerous tools that can be readily put in place to avoid probate. However, advance planning is key. In fact, probate avoidance is often a primary goal of estate planning. A common misconception is that having a Will avoids probate. Unfortunately, this is not the case. A Will effectively directs where your assets go, but would still indeed go through probate to accomplish this. In Missouri, tools such as a trust and non-probate beneficiary designations can readily avoid probate.
Is estate planning needed for young people?
Yes. Estate planning is not only for old folks. Estate planning matters for anyone that could die or become incapacitated (hint: that's all of us). As you age, the need for estate planning only increases, but having a careful, accurate and purposeful estate plan is important for young adults, mid-life folks, those approaching retirement and of course those entering their older years.
How much does estate planning cost?
Estate planning is an important investment but it doesn't have to be expensive. Of course, the particulars of your needs, goals and plan will affect cost . Is a trust included? Are you single or married? Do you have children with special needs? Do you have unique assets or business interests that require unique planning? Do you have a blended family with separate spousal assets? In most cases, trust-based planning costs around $2,000-$2,500 for a couple and Will-only planning would cost more like $1,000. Of course unique needs and goals can necessitate planning that could require additional expense.
How do I choose a lawyer to set up my estate plan?
Choosing the right lawyer matters. A lot. For estate planning in Missouri, hiring a lawyer with deep experience, thorough knowledge and strong professional acumen is key. Estate planning isn't something you want to simply "cost shop."
Look for a lawyer who can thoroughly and clearly answer your questions. They should return your calls, have a strong business presence (office, website, good reviews, etc).
How Can Schleiffarth Law Firm Help?
Create the Right Estate Plan
We have the experience, knowledge, skills and acumen to create an estate plan for you that you need. Whether you need just a simple Will or Power of Attorney or you need a more involved plan including a Trust, we work closely with you get the right plan in place.
Free Initial Consultation
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No matter how me meet, our first consultation is free of charge.
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Our Commitment: We Make Difficult Easy
Abundant Experience. Straight Talk. Fixed Fees. Superior Service.

Schleiffarth Law Firm LLC
Estate Planning
Business Law
Real Estate
MAIN OFFICE
225 S. Meramec Avenue, Suite 325
Clayton, MO 63105
Email: easy@sch-law.com
Tel: 314-315-4117
WEST COUNTY OFFICE
13321 N. Outer Forty Road, Suite 500
Town & Country, MO 63017
Email: easy@sch-law.com
Tel: 314-315-4784
We Make Difficult Easy.
