Estate Law

Making end of life decisions can be a scary and confusing undertaking. At Cline, Braddock & Basinger, LLC our attorneys take the personal one on one time with you or your loved ones to explain all of the possible estate planning options that are available, and to make the process as easy and painless as possible. We believe in taking the time to really get to know each client and understand his or her final wishes concerning gifts or property, medical care, and funeral arrangements.

Estate planning is creating legal documents that explain what happens to your belongings and who makes decisions for you when you can't. These documents include:

Wills

Trusts

Powers of attorney

Healthcare documents

Even if you don't create these documents, you already have an estate plan—it's just the default one created by Missouri state law. The problem? The state's plan might not match what you actually want. To make sure your wishes are followed, you need to work with a lawyer to create your own plan.

Your Will

A will is a legal document that says who gets your belongings after you die.

If you die without a will (called dying "intestate"), the state decides who gets everything

A will only works after you die—it doesn't help if you're alive but unable to make decisions due to illness or injury.
A will doesn't avoid probate court—in fact, your will is the document that starts the probate process.

Trusts

A trust is like a container that holds your assets (money, property, etc.). It involves three roles:

Grantor - the person who creates it

Trustee - the person who manages it

Beneficiary - the person who benefits from it

Often, one person plays all three roles at first. For example, you might create a trust, manage it yourself, and use the money for your own benefit while you're alive.

Why create a trust?

A trust can avoid probate court - your loved ones can receive assets immediately after your death without going through court

You can save on taxes

Trusts may protect assets from creditors

They ensure someone manages your property if you can't

Trusts can keep working even if you become unable to make decisions

Powers of Attorney

This document lets you choose someone to make decisions for you if you can't make them yourself.

Important points:

It stops working when you die

Use a "durable" power of attorney so it keeps working even if you become incapacitated

Update it regularly—banks may refuse to accept an older one.

ESTATE ADMINISTRATION

Missouri’s estate administration process is unfamiliar to most people. It is important to choose an attorney who can ensure that your loved one’s estate is correctly handled. The following summarizes a few of the key aspects:

1. Filing the Petition (Weeks 1-4)

Filed in the probate division of the circuit court in the county where the deceased lived

The executor named in the will (or an interested person if no executor acts within 20 days) files the petition

Court issues Letters Testamentary (with a will) or Letters of Administration (without a will), granting legal authority to the personal representative

2. Inventory of Assets (Within 30 days)

Personal representative creates a complete inventory of all estate assets (real estate, bank accounts, personal property, etc.)

Inventory must be filed with the court within 30 days of receiving letters

3. Creditor Notification (Months 1-3)

Court clerk publishes notice to creditors in a local newspaper

Creditors have 6 months from first publication to file claims

If personally served or mailed notice, creditors must file within 2 months or by the end of the 6-month period, whichever is later

4. Estate Management (Months 3-9)

Personal representative manages assets, pays ongoing bills, maintains property

May sell assets if needed to pay debts or facilitate distribution

5. Settling Debts (Months 6-9)

Valid debts are paid in statutory priority order: funeral expenses, administration costs, taxes, then other debts

Personal representative reviews and disputes improper claims

6. Final Distribution and Closing (Months 9-12)

Personal representative prepares final accounting

Court reviews and approves distribution

Assets distributed according to will or Missouri intestate succession laws

Estate is officially closed

Types of Probate Proceedings

Independent Administration

Less court supervision; more efficient

Available if the will authorizes it or all heirs/beneficiaries consent

Personal representative can settle debts and manage tasks without court orders for each action

Supervised Administration

More court oversight

Used when disputes exist or complex assets are involved

Significant actions (like selling real estate) require court orders

Small Estate Procedure

For estates valued at $40,000 or less (net of liens and debts)

Simplified process using an affidavit

No formal letters of administration required after 30 days from death

Assets That Avoid Probate

These pass directly to beneficiaries without court involvement:

Life insurance with named beneficiaries

Retirement accounts (401(k), IRA) with beneficiaries

Payable-on-death bank accounts

Transfer-on-death securities and deeds

Property held in living trusts

Jointly owned property with survivorship rights

Personal Representative Responsibilities

Take possession of estate assets

File inventory with court

Notify creditors

Pay valid debts and taxes

Maintain detailed records

Distribute assets to beneficiaries

File final accounting

Act as fiduciary with high duty of care

Important Notes



Contesting a will must be done within 6 months after probate or first notice publication

Partial distributions to beneficiaries are allowed before full estate closure if it doesn't harm creditor interests

Personal representatives can be held personally liable for mismanagement

Although there are many estate planning options, some topics that we are frequently asked about are as follows:

How can I avoid probate?

There are many estate planning tools available to avoid the need for probate after death. Chris Braddock & Jeff Basinger are happy to review your current assets with you and devise a plan of non-probate transfers such as beneficiary deeds, transfer on death assignments, beneficiary designations, and in some circumstances trusts. For the majority of estates it is possible to provide for the division of all assets while avoiding the need for probate.

Do I need a will?

Although it is usually possible to provide for non-probate transfers of all of an estate’s assets, a Will is still usually a good back-up plan to have in place. Often estate planning decisions are made decades before death, and sometimes persons buy or receive additional property later on in life which they forget to tell their attorney about or set up proper non-probate transfers. In such circumstances, a Will can fill in to make sure that such property goes to the persons you desire.

A Will also provides the means to choose a personal representative (sometimes called executor), waive any requirements for a bond being posted by the personal representative, ask the court to allow independent administration of an estate, or nominate guardians for minor children.