Best Will & Testament Lawyers in Missouri

About Will & Testament Law in Missouri, United States

In Missouri, a Will and Testament is a legal document that outlines how a person’s property and assets should be distributed after their death. The Will can also specify guardianship for minor children and appoint an executor to manage the estate. Missouri observes specific legal requirements for making a valid Will, and understanding these can be crucial for ensuring your wishes are respected. Without a legally recognized Will, your estate may be distributed according to Missouri’s default intestate succession laws, which may not align with your preferences.

Why You May Need a Lawyer

An attorney experienced in Will and Testament matters can offer invaluable assistance in various situations. Here are some common scenarios where legal help may be necessary:

• You want to ensure your Will is valid and complies with Missouri law.
• Your estate is complex, involving business interests, multiple properties, or significant assets.
• You have concerns about potential challenges to your Will or wish to disinherit specific individuals.
• You need to establish a trust or address tax considerations for your heirs.
• You wish to provide for a loved one with special needs.
• Your family situation is complicated, such as having stepchildren, previous marriages, or estranged relatives.
• You wish to update or revoke an existing Will.
• Disputes have arisen after the passing of a loved one regarding their Will’s legitimacy.

Local Laws Overview

Missouri has its own rules and requirements regarding Wills and Testaments. Some key aspects of local law include:

• Testamentary Capacity: The person making the Will (testator) must be at least 18 years old and of sound mind.
• Written Form: Wills must generally be in writing. Oral Wills (nuncupative) are only recognized in rare circumstances for active military members.
• Witnesses: The Will must be signed in the presence of at least two competent witnesses, who must also sign the Will in the testator’s presence.
• Notarization: Missouri does not technically require notarization, but a “self-proving affidavit” signed before a notary can make the probate process faster and easier.
• Holographic Wills: Missouri does not recognize handwritten Wills unless they are executed with the proper witnessing.
• Spousal Rights: Missouri law provides protections for surviving spouses, including the right to an "elective share" of the estate, regardless of the Will’s terms.
• Probate Process: Most Wills must go through probate, a legal process that oversees the distribution of the deceased’s assets.
• Updating and Revoking: Wills can be updated or revoked through a new Will or a formal codicil. Destruction of the old Will also serves as revocation.

Frequently Asked Questions

What makes a Will valid in Missouri?

A valid Will in Missouri must be written, signed by the testator (the person making the Will), and witnessed by at least two people who are present when the testator signs the Will.

Do I need a lawyer to make a Will in Missouri?

You are not legally required to have a lawyer, but legal advice can help ensure your Will is enforceable and reflects your intentions, especially in complex situations.

Can I name a guardian for my children in my Will?

Yes, Missouri allows you to nominate a guardian for minor children in your Will. The court will consider your nomination during guardianship proceedings.

What happens if I die without a Will in Missouri?

If you die without a Will, your estate is distributed according to Missouri’s intestate succession laws, which may not align with your personal wishes.

Can I change my Will after it has been signed?

Yes, you can update your Will at any time by creating a new Will or adding a legal amendment known as a codicil.

Are handwritten Wills valid in Missouri?

Missouri does not consider handwritten, or holographic, Wills valid unless they are properly witnessed according to state law.

Do all assets go through probate in Missouri?

Not all assets require probate. Assets such as life insurance proceeds, retirement accounts with designated beneficiaries, joint tenancy property, and trust assets typically avoid probate.

What is a “self-proving affidavit” and should I have one?

A self-proving affidavit is a notarized statement signed by the testator and witnesses, making it easier for the Will to be accepted in probate without additional witness testimony.

Can someone contest my Will?

Yes, certain individuals, such as heirs or parties with legal standing, may challenge a Will in court on grounds such as lack of capacity, undue influence, or improper execution.

Can I disinherit someone in my Will?

You can generally disinherit most individuals, but Missouri law provides certain protections for surviving spouses and minor children.

Additional Resources

If you are seeking more information or need assistance, the following resources can help:

• Missouri Bar Association - Provides public resources and information on estate planning and Wills.
• Missouri Courts (Judiciary) - Offers forms, instructions, and guidance relating to probate and estate matters.
• Legal Aid of Western Missouri - Offers assistance to eligible individuals for estate planning issues.
• Missouri Department of Health and Senior Services - Provides information on elder care and advance directives.
• Local Probate Court - Your county probate court can provide forms and guidance on probate procedures and requirements.

Next Steps

If you are considering creating or updating a Will in Missouri, it is important to start by assessing your assets and identifying your wishes for distribution. Consult an experienced estate planning attorney for tailored advice, especially if you have a complex family situation or significant assets. Gather all important documents and outline your goals before your legal consultation for a smoother process. Remember, keeping your Will up to date and compliant with Missouri law helps ensure that your wishes are honored, and your loved ones are protected.

Begin by contacting a local Missouri attorney specializing in estate planning, or reach out to one of the resources listed above for further guidance. Considering your unique circumstances with qualified legal counsel is the best way to ensure peace of mind for you and security for your beneficiaries.