Key benefits of having a will include:
- Clear instructions for heirs and beneficiaries
- Reduction of potential conflicts or misunderstandings
- Guidance for executors who manage estate matters
- Alignment with broader estate planning strategies, including trusts and succession plans
How to Create a Will in St. Louis
Drafting a will begins with understanding your assets and goals.
At Gilkerson Bowman, we help you:
- List assets, including property, investments, and personal belongings
- Determine beneficiaries for each asset
- Choose an executor capable of managing responsibilities impartially and effectively
- Include provisions for minor children or dependents
- Address charitable gifts, business interests, or other specific intentions
Wills vs. Trusts: Understanding the Difference
While both wills and trusts are important, they serve different purposes. A will takes effect after your death and usually requires probate, which can be time-consuming and public. A trust can manage assets during your lifetime, avoid probate, and provide additional flexibility and protection for heirs.
At Gilkerson Bowman, we guide families in selecting the right combination of wills and trusts. Coordinating these tools ensures smoother asset transitions and clarity for beneficiaries.
The Role of Probate Court
It is important to understand that a will does not avoid probate. Probate court is the legal process that validates a will, resolves disputes, and oversees distribution. While necessary, probate can be complex. Our attorneys guide families through this process efficiently, helping them understand court requirements and timelines.
Consequences of Dying Without a Will
If you pass away without a will (intestate), Missouri law decides how your assets are distributed. This typically follows a rigid formula that prioritizes spouses and children but may not reflect your actual family dynamics. This often leads to lengthier probate proceedings and increased legal costs.
Legal Requirements for a Valid Document
To be legally valid in Missouri, a will must meet specific criteria.
We ensure your document is:
- Executed by someone at least 18 years old and of sound mind.
- In writing (oral wills are generally not valid).
- Signed in the presence of two witnesses.
Updating a Will After Life Changes
Life is dynamic, and your will should reflect major changes such as marriage or divorce, the birth or adoption of children, significant financial changes including property or business ownership, and relocation across states. Regularly reviewing and updating it helps maintain its relevance and prevent unintended outcomes for your beneficiaries.
Can a Will Be Contested?
Yes, a will can be contested, but only on specific legal grounds. Simply disagreeing with the distribution of assets is not enough to overturn a will.
In Missouri, common reasons for contesting a will include:
- Lack of testamentary capacity. Proving the person did not understand the value of their assets or who their beneficiaries were at the time of signing.
- Undue influence. Evidence that a caretaker, friend, or relative coerced or manipulated the person into changing their will.
- Improper execution. Showing that the will was not signed or witnessed according to Missouri state law.
- Fraud or forgery. Proving that the signature is fake, or the person was tricked into signing the document.
How We Help Prevent Contests
The best defense against a will contest is a professionally drafted plan. By verifying mental capacity, ensuring proper witnesses, and documenting the signing process, we create a robust legal document that is difficult to challenge in court.
Tax Considerations in Estate Planning
While Missouri does not have a state estate tax, families with high-value estates may still face federal tax implications. Our team advises on multi-state considerations and how different distribution strategies can help preserve asset value for your heirs.
Frequently Asked Questions
Who should I name as beneficiaries?
Family members, dependents, and charitable organizations are common options. You can be as specific as you like regarding who receives which assets.
How often should I review my will?
We recommend reviewing it every 3–5 years, or immediately after any major life event (marriage, divorce, new child, etc.).
Can a will cover guardianship for minor children?
Yes. A will is the primary place where parents nominate guardians to care for their minor children should something happen to them.
What happens if I move to another state?
Our multi-state licensing allows us to advise on how Missouri wills integrate with other state laws, ensuring your plan remains valid if you relocate.
Begin Planning Your Will Today
Creating a will is a crucial step in guiding the distribution of your assets and supporting your loved ones. Whether drafting your first will or updating an existing plan, Gilkerson Bowman provides families with clear guidance and virtual convenience.
Call (314) 866-7781 or contact us online to schedule a free consultation.
