Frequently Asked Questions

Even modest estates benefit greatly from planning. Without documents, Illinois and Missouri’s intestacy laws decide who inherits, which may send assets to people you wouldn’t choose or create family conflict. A simple plan also: 

• Names guardians for minor children; 
• Avoids or shortens probate;
• Plans for incapacity so your family isn’t forced into court; and
• Ensures your money goes to the people and causes you care about

You don’t need to be rich—just thoughtful.

Almost every adult should have at least a basic estate plan. You especially need one if you: 

• Have minor children;
• Own a home, car, bank accounts, or retirement plans;
• Are married, divorced, or in a blended family;
• Want to protect a special-needs loved one; or
• Simply want to make things easier for your family

In short, if you care who receives your assets and who makes decisions for you, you need an estate plan.

A Trust is a legal arrangement in which you (the “grantor”) transfer ownership of your assets to a trustee to hold and manage for the benefit of your chosen beneficiaries. Under the law, trusts work similar to contracts. The most popular type for estate planning is a Revocable Living Trust, which you can change or revoke at any time while you are alive and competent. When you pass away, assets properly titled in the trust pass directly to your beneficiaries without going through probate court. This saves time, money, keeps your affairs private, and provides built-in incapacity planning.

A Last Will and Testament is a legal document that states exactly how you want your probate assets distributed after you die, names the person (executor/personal representative) who will carry out your wishes, and allows you to nominate guardians for minor children.

Powers of Attorney are documents that authorize someone you trust to act for you. 

• A Durable General/Financial Power of Attorney lets your chosen agent handle bank accounts, pay bills, sell property, file taxes, etc., if you become incapacitated. 

• A Healthcare Power of Attorney (combined with a living will/advance directive) lets your agent make medical decisions and states your wishes about life-sustaining treatment.

These documents work immediately upon incapacity and help avoid expensive and public guardianship proceedings in Illinois and Missouri probate courts.

You should review and update your estate plan after any major life event, including: marriage, divorce, birth or adoption of a child, death of a spouse or beneficiary, significant change in assets, moving to another state, or changes in tax law. Even without a big event, we recommend a quick review every 3–5 years. Laws and your family’s needs evolve.

Everyone is different. Most people benefit from both, but not everyone. The short answer is it depends on your planning goals, family status, and who you want to leave your estate to. This is a main reason why speaking with an estate planning attorney is important so your plan can be tailored to your needs. 

You die “intestate,” and Missouri or Illinois law decides distribution. 

This process still requires full probate, takes longer, costs more, and may not match what you would have wanted

A straightforward Missouri probate usually takes 6 to 18 months. Independent administration (the most common type) can often close in 9–12 months. Factors that extend time include disputes among heirs, complex assets, IRS or state tax filings, or creditor claims (which require at least six months after notice publication). Small estates using the affidavit process can often finish in 1-2 months.

Missouri: If the total value of the estate (less debts and liens) is $40,000 or less, heirs can file a Small Estate Affidavit after 30 days from death. This bypasses full probate. A bond is usually required if the estate exceeds $15,000 (and there is no will waiving bond requirement), and creditor notice is published if over $15,000. 

Illinois: The threshold is $150,000 (effective for deaths on or after August 15, 2025, excluding vehicles). Real estate cannot be transferred by affidavit. 

Both options are much faster and less expensive than regular probate. We handle small-estate affidavits in both states.

Probate costs vary by estate size and complexity. Missouri law sets statutory minimum fees for both the attorney and the personal representative (executor), calculated on a sliding scale (5% of the first $5,000, 4% of the next $20,000, etc.). Typical total costs (court fees, publication, attorney, and executor fees) run 3–7% of the probate assets for mid-sized estates. 

Probate assets are those owned solely in your name with no beneficiary designation (individual bank accounts without POD, real estate in your name alone, vehicles without TOD title). These must go through probate court. 

Non-probate assets pass directly outside of probate: jointly owned property with right of survivorship, life insurance with a beneficiary named, retirement accounts with a beneficiary named, bank accounts with a beneficiary named, and anything owned by a living trust. Proper titling and beneficiary designations are key to avoiding probate.

You name guardians for minor children in your Last Will and Testament (and can add backup nominations). For incapacitated adults or special-needs family members, we use: 

• Durable powers of attorney;
• Healthcare directives; or
• Special-needs trusts.

These tools keep your wishes clear and ensure your loved ones are cared for exactly as you wish.