TrustFully.law — Missouri Estate Planning

Common Estate Planning Mistakes — And How to Avoid Them

Estate Plan Mistakes · Trust Funding · Beneficiary Designations · Incapacity Planning · Missouri

Estate planning mistakes are uniquely cruel: they are invisible when made, impossible to fix after the fact, and tend to cause maximum damage at the worst possible moment — at death or incapacity, when the family is already under stress and the window for correction has closed. Most of the families who call an estate attorney after a crisis don’t know what went wrong until someone explains that the mistake was made years earlier, in a document that looked perfectly fine at the time. This guide identifies the eight most common estate planning mistakes in Missouri — with the real cost of each error and the specific remedy that prevents it.

Why Estate Planning Mistakes Are Different From Other Financial Mistakes

Most financial mistakes can be corrected. You can rebalance a portfolio, refinance a mortgage, or renegotiate a contract. Estate planning mistakes operate under a different rule: the consequences arrive exactly when correction becomes impossible. A beneficiary designation naming an ex-spouse cannot be changed after the account holder dies. An unfunded trust cannot be retroactively funded at death. A will that fails Missouri’s execution formalities is invalid — and that invalidity is not discovered until the document is submitted to a probate court after the testator’s death.

The second distinctive feature of estate planning mistakes is that they are invisible during the planning holder’s lifetime. Nothing looks wrong. The documents exist. They’re signed. They’re stored in a safe. The problem — the unfunded trust, the outdated beneficiary, the incapacity gap, the wrong fiduciary — is hidden inside the documents or in the space between the documents and the family’s actual assets. It surfaces only when triggered, which is always too late to fix.

⚠ The Invisible Problem

The families who suffer the most from estate planning mistakes are usually the ones who believed they had done everything right. They signed documents. They paid an attorney (or used an online service). They put the papers in a safe. From the outside, everything looked fine. The mistake was invisible — right up until it wasn’t.

The True Cost of Getting It Wrong: Missouri Probate Math

Before examining each specific mistake, it helps to understand what the consequences actually cost in Missouri — in dollars, months, and family stress. These are not hypothetical worst cases. They are the predictable, statutory outcomes of common planning failures.

Mistake: Will only (no trust) $14,000+

Missouri statutory attorney + executor fees on a $500,000 estate under § 473.153, RSMo. Calculated on gross estate value — not equity. Plus court costs, appraisal fees, and other expenses.

Mistake: No incapacity plan $3,000–$8,000+

Estimated cost of a Missouri guardianship/conservatorship proceeding to appoint someone to manage a incapacitated person’s finances and healthcare decisions — preventable with two documents.

Mistake: Outdated beneficiary 100% of account

A beneficiary designation naming an ex-spouse, a deceased person, or a minor child routes the entire account to the named party — overriding the will, the trust, and any court order.

Mistake: Unfunded trust $0 protected

A trust that holds no assets provides exactly zero probate protection. All assets held outside the trust — with no beneficiary designation and no joint title — go through probate as if no trust existed.

Mistake: Probate timeline 9–14 months

Typical duration of Missouri formal probate. During this period, beneficiaries wait. The estate is a public record. Assets are frozen pending administration. Creditors have a statutory notice period.

With a properly funded trust Weeks

A properly funded revocable trust passes assets to beneficiaries in weeks — not months — at a fraction of the cost, in complete privacy, without court involvement or creditor notice periods.

1Mistake

Relying Solely on a Will

The most common and most expensive misunderstanding in estate planning

Typical Cost

$11,750–$16,250+ in statutory fees on a $400K–$700K estate

The most consequential misunderstanding in Missouri estate planning is the belief that having a will means having avoided probate. It does not. A will is a document submitted to a Missouri probate court to begin the court-supervised administration of a deceased person’s estate. A will does not bypass the court — it invites the court in.

What probate actually involves in Missouri:

Court filing and case opening: the will is submitted to the probate division of the circuit court in the county where the decedent was domiciled
Creditor notice period: Missouri law requires a published notice to creditors and a waiting period (§ 473.033, RSMo) — a minimum 6-month window during which creditors may file claims
Statutory fee schedule: attorney and executor fees are calculated from a statutory table under § 473.153, RSMo — not negotiated. On a $500,000 gross estate: approximately $14,000 in combined fees
Public record: the inventory of your estate — every asset, its value, and who received it — becomes a public court filing visible to anyone
Timeline: 9–14 months for a straightforward Missouri probate; longer if disputed

The specific trap for homeowners: Probate fees are calculated on the gross value of real estate, not the equity. A $600,000 home with a $400,000 mortgage triggers probate fees on $600,000 — approximately $16,250 in statutory attorney fees alone, before any other expenses.

✓ The Remedy

Create a revocable living trust as the primary distribution vehicle — assets held in the trust pass entirely outside the probate process
Fund the trust: deed real estate to the trust (recorded with the county recorder), retitle bank and brokerage accounts to the trust name
Keep a pour-over will alongside the trust as a safety net — it captures any assets not yet transferred to the trust and routes them through the trust at death
Missouri beneficiary deed option (§ 461.025, RSMo): for families not yet ready for a full trust, a transfer-on-death deed for real estate is better than nothing

⚠ Warning Sign

You have a will but no trust. Any real estate you own in your individual name — regardless of value — will go through Missouri probate. So will any bank or investment account without a named beneficiary or joint owner with right of survivorship.

2Mistake

Creating a Trust But Failing to Fund It

The “empty box” problem — a trust that holds nothing protects nothing

Typical Cost

Full probate cost, as if no trust existed — $0 of protection from the trust document alone

A revocable trust is a legal container. The document that creates it — the trust agreement — is just the box. The box provides exactly zero protection for any asset that is not inside it. Creating the trust document without transferring assets into it is the single most common reason estate plans fail. Research consistently suggests that the majority of trust-based estate plans in America are significantly underfunded at the time of the grantor’s death.

The three most common funding failures:

Real estate never deeded to the trust: the family home — typically the largest asset — remains titled in the owner’s individual name. Despite the trust document existing, the home goes through probate at death. Requires a new deed prepared by an attorney and recorded with the county recorder’s office
Bank and investment accounts not retitled: checking, savings, and brokerage accounts held in the individual owner’s name instead of the trust’s name. These are easy to transfer — most banks process trust retitling in a single branch visit with a Certificate of Trust — but the step is commonly skipped
The refinancing gap: a home that was properly deeded to the trust is temporarily removed from the trust by a lender during a refinance (lenders often require this). The borrower signs a new deed removing the property from the trust, completes the refinance, and then never re-deeds the property back. The house is now outside the trust — and no one notices until death triggers a probate that was supposed to be avoided

What TrustFully does differently: Instead of simply creating trust documents and handing the client a folder, TrustFully’s process includes comprehensive trust funding — deeding real estate, retitling financial accounts, and confirming beneficiary designations — as part of the engagement. Creating a trust without funding it is like buying a safe and leaving your valuables on the counter next to it.

✓ The Remedy

Deed all Missouri real estate to the trust immediately after trust execution — prepare and record a new deed with the county recorder
Retitle bank and brokerage accounts to the trust — bring a Certificate of Trust (short summary document) to each institution
If you refinance, re-deed the property to the trust within 30 days of closing — put a calendar reminder in place at the time of refinancing
Conduct a trust funding audit every 3–5 years and after any major asset acquisition — new real estate, a business purchase, an inheritance received

⚠ Warning Sign

You have a trust but your home is still titled “John and Jane Smith” instead of “John Smith and Jane Smith, Trustees of the Smith Family Revocable Trust.” If the deed doesn’t show the trust as owner, the property is outside the trust. Check your deed today.

3Mistake

No Incapacity Planning — The Gap Most Families Miss

Estate planning is not just about death; incapacity is equally likely and equally catastrophic without a plan

Typical Cost

$3,000–$8,000+ for a Missouri guardianship/conservatorship; weeks to months of delay

Most estate planning conversations focus on death — but incapacity is statistically more likely to occur before death, and it can last years. A stroke, a progressive neurological condition, a serious accident, or advancing dementia can all produce a scenario where a person is alive, incapacitated, and unable to make financial or medical decisions — with no one having legal authority to make them either.

Without a durable power of attorney and healthcare directive, here is what happens in Missouri when someone becomes incapacitated:

Financial accounts are frozen: the bank will not allow a family member — including a spouse — to access, transfer, or manage the incapacitated person’s individual accounts without legal authority
Medical decisions require court authority: hospitals and physicians may require a court order before allowing a family member to make certain treatment decisions
Guardianship/conservatorship proceeding required: a family member must petition a Missouri court to be appointed as the incapacitated person’s guardian (for personal/medical decisions) and conservator (for financial decisions). This proceeding requires attorney fees, court costs, an evidentiary hearing, and ongoing annual reporting to the court
Ongoing court supervision: once appointed, a conservator remains under court supervision — required to file annual accountings, obtain court approval for major financial decisions, and post a bond

Every one of these consequences is entirely preventable by executing two documents while the person has legal capacity: a durable power of attorney (financial) and a healthcare power of attorney with living will declaration (medical).

✓ The Remedy

Execute a durable power of attorney — must be “durable” (meaning it remains effective at incapacity) to serve its purpose; governed by § 404.700 et seq., RSMo
Execute a healthcare power of attorney naming a healthcare agent, plus a living will declaration expressing your treatment preferences — governed by § 404.800 et seq., RSMo
Include a HIPAA authorization allowing your healthcare agent to access your medical records
Name alternates for every role — if your named agent is unavailable, incapacitated, or deceased, an alternate prevents a gap

⚠ Warning Sign

You have a trust but no durable power of attorney, or your POA is not durable. Your trust only controls assets inside it — non-trust assets, financial gaps, and all medical decisions require a power of attorney and healthcare directive to be managed without court involvement.

4Mistake

Ignoring Beneficiary Designations

Beneficiary designations override everything — the will, the trust, and any court order

Typical Cost

100% of the account — routed to the wrong person with no legal recourse

This is the estate planning provision that most people don’t realize exists, and the one that produces some of the most devastating unintended outcomes. Every retirement account (IRA, 401(k), 403(b)) and most life insurance policies carry their own beneficiary designation form — a separate document, filed directly with the financial institution or insurer, that controls who receives the asset at death. This designation is completely independent of the will and the trust. It overrides both.

The three scenarios that cause the most damage:

Ex-spouse designation: a 401(k) beneficiary designation completed in 2009, naming a former spouse, remains fully valid after a 2016 divorce and a 2020 remarriage — unless the account holder specifically updated it. The ex-spouse receives the entire account. Missouri courts have limited ability to override a valid contractual beneficiary designation (see Egelhoff v. Egelhoff, 532 U.S. 141 (2001), for federal ERISA preemption)
No contingent beneficiary: if the named primary beneficiary predeceases the account holder and no contingent beneficiary is named, the account may fall into the estate — triggering probate for an asset that was supposed to pass outside it — or be distributed under the plan’s default rules, which may not match your wishes
Minor child named directly: a minor cannot legally receive assets directly. If a minor is named as beneficiary, a court-appointed guardian of property must be established to manage the funds until the child reaches age 18 — at which point the entire balance is distributed outright, regardless of amount

The remedy is not complex — it requires a beneficiary designation review at each financial institution — but it requires discipline to maintain across every account, across every institution, and after every major life event.

✓ The Remedy

List every retirement account and life insurance policy and confirm the current named primary AND contingent beneficiary on each
Update any designation that names a deceased person, an ex-spouse, or a minor child directly
For retirement accounts: name your spouse as primary beneficiary (unless there is a specific reason not to), your trust or adult children as contingent — consult an estate attorney before naming a trust as primary IRA beneficiary (the SECURE Act 10-year rule applies)
For life insurance: keep individual ownership and update beneficiary designations — typically name trust as beneficiary if the trust has distribution provisions for minor children
Review beneficiary designations after every major life event: marriage, divorce, death of named beneficiary, birth of a child

⚠ Warning Sign

Your most recent marriage, divorce, or death in the family was more than one year ago — and you have not reviewed every retirement account and life insurance beneficiary designation since then. Any one of them may be routing assets to the wrong person.

5Mistake

Failing to Update the Estate Plan After Life Changes

Estate plans are a snapshot in time — life changes but documents often don’t

Typical Cost

Unintended distributions; disinherited family members; wrong people in control

Every estate plan reflects the family’s circumstances at the moment it was created. Marriages, divorces, births, deaths, major asset changes, and relocations all have the potential to transform a well-designed plan into one that produces outcomes nobody intended. The documents don’t update themselves. Life changes. The plan doesn’t — unless someone takes action.

The specific life events that most commonly create planning gaps:

Marriage: a new spouse may have no rights under a plan that predates the marriage, or may have more rights than intended — particularly if you have children from a prior relationship
Divorce: in Missouri, divorce automatically revokes certain will provisions naming a former spouse (§ 474.420, RSMo) — but this statute has limitations and does NOT revoke beneficiary designations on accounts governed by federal law (ERISA-governed plans, federal employee benefits)
Birth of a child: a child born after the will was executed may be entitled to a share of the estate under Missouri’s pretermitted heir statute (§ 474.460, RSMo) — but the trust provisions may not address the new child, and the guardian nomination may need to be reviewed
Death of a named trustee or beneficiary: if your named successor trustee has died and you have not updated the trust, a court may need to appoint a replacement — the exact proceeding the trust was designed to prevent
Major asset acquisition: a new home, business interest, or significant inheritance — acquired after the trust was created — needs to be transferred into the trust or addressed in the estate plan

✓ The Remedy

Schedule a full estate plan review every 3–5 years, even without a triggering life event
Review immediately after: marriage or divorce, birth of a child or grandchild, death of any named fiduciary or beneficiary, acquisition of significant new assets, major health change, relocation to another state
Missouri divorce statute (§ 474.420) automatically revokes certain will provisions — but confirm your trust, beneficiary designations, and powers of attorney are updated; the statute is not comprehensive
Check that every named trustee, executor, guardian, and agent is still living, still willing to serve, and still the right person for the role

⚠ Warning Sign

Your estate plan was created more than 5 years ago, or you have experienced any of the following since it was created: marriage, divorce, birth of a child, death of anyone named in the documents, major asset acquisition or sale, or a significant health change.

6Mistake

Failing to Coordinate Assets with the Plan

A well-drafted plan fails when assets and documents point in different directions

Typical Cost

Probate for assets that should have avoided it; distributions that contradict the plan’s intent

The most sophisticated trust document in the world provides zero protection for assets that are not inside it or not properly aligned with it. Asset coordination — the ongoing practice of confirming that how each asset is owned, titled, and designated matches what the estate plan intends — is the maintenance layer that most estate plans lack. Here are the specific coordination failures that appear most often:

Joint tenancy with right of survivorship (JTWROS) conflict: an asset titled in joint tenancy passes automatically to the surviving joint owner — bypassing the trust entirely, including any distribution conditions the trust contains. A bank account held jointly with a child means that child receives the account regardless of what the trust says about equal distribution among all children
Payable-on-death (POD) / transfer-on-death (TOD) override: a POD or TOD designation on a bank or investment account routes that account to the named person outside the trust — which may be inconsistent with what the trust intends, particularly if the trust contains age-gated or conditioned distributions
Retirement account titled to trust: this is the reverse mistake — retitling a retirement account (IRA, 401k) into the trust name triggers immediate income taxation of the entire balance. Retirement accounts should never be retitled to the trust; only the beneficiary designation should be updated
Property acquired after trust creation: real estate purchased, an inheritance received, or a business interest acquired after the trust was created — and never transferred to the trust — sits outside the trust. Each new asset requires its own coordination step

✓ The Remedy

Complete a full asset coordination audit after the trust is created — list every asset, how it is currently titled, and what the intended disposition is
Align each asset with the plan: deed real estate to trust, retitle accounts to trust, update beneficiary designations, remove JTWROS designations where they conflict with trust intent
Never retitle retirement accounts to the trust — update the beneficiary designation form only
Repeat the coordination audit after every major asset change — new property purchase, business acquisition, significant inheritance

⚠ Warning Sign

You have a trust but have not reviewed the title on every asset and the beneficiary designation on every account since the trust was created. Or you have acquired new real estate, a business interest, or a significant inheritance since the trust was established — and it has not been transferred or coordinated.

7Mistake

Choosing the Wrong Fiduciaries

Loyalty is not a substitute for competence, availability, and neutrality

Typical Cost

Family conflict; administration delays; fiduciary liability claims; trust litigation

Fiduciary roles — successor trustee, executor, agent under power of attorney, healthcare agent — carry legal responsibilities that most people underestimate when making their selections. The natural choice is the person we trust most: an oldest child, a close sibling, a longtime friend. Trustworthiness is necessary but not sufficient. The role also requires organizational capacity, financial literacy, neutrality among competing beneficiaries, and availability over an extended period of time. When those qualities are absent, the consequences range from delayed administration to family conflict to legal liability claims against the fiduciary.

Choosing a fiduciary who is also a beneficiary: creates structural conflicts of interest, particularly when the trustee has discretion over distributions to a class that includes themselves. Family members who are both trustee and beneficiary are frequently accused of self-dealing, whether or not the accusation is warranted
No named successor: if the primary trustee or executor is unable to serve (death, incapacity, resignation) and no alternate is named, a court proceeding is required to appoint a replacement — the exact outcome a trust was designed to prevent
Naming co-trustees without a tiebreaker: two co-trustees who disagree have no mechanism for resolution — paralysis in trust administration, sometimes requiring court intervention
Not informing the fiduciary of their role: a trustee who is surprised by the role at the moment they are needed cannot locate documents, does not know the institutions involved, and may make decisions based on incomplete information

✓ The Remedy

Evaluate fiduciaries on four criteria: organizational capacity (can they handle paperwork and deadlines?), financial literacy (can they manage assets and understand fiduciary duties?), neutrality (can they make decisions that disappoint some beneficiaries?), availability (do they have the time?)
Name at least two alternates for every fiduciary role — a primary, a first alternate, and ideally a second alternate
Consider a professional or institutional trustee for complex estates, estates with business interests, or situations where family conflict is likely — a corporate trustee is completely neutral and carries professional liability insurance
Have a direct conversation with every named fiduciary while you are alive and competent — confirm they understand the role, know where documents are stored, and are willing to serve

⚠ Warning Sign

Your named successor trustee or executor has died, moved away, developed a health condition that would prevent them from serving, or is now estranged from the family — and you have not updated the documents to name a replacement.

8Mistake

DIY Documents That Fail Execution Formalities

A legally invalid document is worse than no document — it creates false confidence with no protection

Typical Cost

Full probate as if no will existed; potentially entire estate distributed under Missouri intestacy law

This is the mistake no one includes in the standard list, but it is increasingly common in an era of online estate planning services. Missouri has specific statutory requirements for valid will execution — and a will that fails these requirements is entirely invalid. Not partially valid. Not fixable. Void. The estate passes as if no will existed — under Missouri’s intestate succession statute (Chapter 474, RSMo), with the court distributing assets according to the default kinship hierarchy regardless of what the invalid document said.

Missouri’s requirements for a valid will (§ 474.320, RSMo):

In writing: handwritten or typed — oral wills are not valid in Missouri for general purposes
Signed by the testator: the person making the will must sign it, or direct another person to sign in their presence
Witnessed by two competent witnesses: two witnesses must sign in the presence of the testator and in each other’s presence — both must witness the testator’s signature or acknowledgment of the signature
Witnesses must be competent and disinterested: a beneficiary who witnesses the will creates a conflict that can invalidate the bequest to that beneficiary

Where online documents most commonly fail: many online will services produce correctly formatted documents but provide inadequate guidance on the execution ceremony — how the signing must occur for the witnesses to satisfy Missouri’s “in each other’s presence” requirement. A will signed at home without proper witnesses, or a will printed from an online service and signed without both witnesses present simultaneously, may be entirely invalid.

Trust execution requirement: Missouri trusts must be executed with the same formalities as a will if they are to be used as a pour-over destination from a will — signed by the settlor (and any co-settlor) and notarized. Trusts created for Missouri real estate require a notarized signature to record a deed to the trust.

✓ The Remedy

Execute all estate planning documents with an estate planning attorney who supervises the execution ceremony and confirms Missouri’s formality requirements are met
Never sign an estate planning document at home alone — the execution ceremony requires specific witnesses and, for most documents, a notary
Missouri Electronic Wills and Trusts Signing Act (effective August 28, 2025) now permits remote online notarization — but electronic wills still require two witnesses and a notary, and an electronic will that cannot be located after death is presumed revoked
If you have existing documents created through an online service, have an estate attorney review the execution page — specifically the witness signatures, dates, and presence attestation

⚠ Warning Sign

You signed your will at your kitchen table without two witnesses physically present at the same time. Or you signed documents through an online service and are not certain whether the execution formalities were correctly supervised. Have an attorney review the execution page — before it’s too late to fix it.

The Estate Plan Self-Audit: 35 Questions in 8 Categories

Use this self-audit checklist to identify gaps in your current estate plan. Any “no” answer in a shaded row is a warning sign worth discussing with an estate planning attorney. Items marked in red indicate the highest-priority gaps.

Core Documents

Do you have a revocable trust (not just a will)?

Do you have a pour-over will alongside the trust?

Do you have a durable power of attorney (financial)?

Do you have a healthcare POA + living will declaration?

Were all documents executed with proper witnesses and notarization?

Are originals stored securely and accessible to your successor trustee?

Trust Funding

Is your home’s deed titled to the trust (not your individual name)?

Is any other Missouri real estate titled to the trust?

Are bank and brokerage accounts retitled to the trust?

If you have refinanced in the last 5 years, was the property re-deeded to the trust after closing?

Is a general assignment of personal property (furniture, vehicles, collectibles) recorded to the trust?

If you have a business interest, is it assigned to the trust or otherwise addressed in the plan?

Beneficiary Designations

Have you reviewed the named beneficiary on every retirement account within the last 3 years?

Have you reviewed every life insurance beneficiary designation within the last 3 years?

Is a contingent beneficiary named on every retirement account and life insurance policy?

Are any named beneficiaries deceased, minors, or ex-spouses?

Incapacity Planning

Does your POA explicitly state it is “durable” (remains effective at incapacity)?

Is an alternate agent named in your POA and healthcare directive?

Does your trust clearly specify how incapacity of the trustee is determined?

Is a HIPAA authorization included so your healthcare agent can access medical records?

Fiduciaries

Is every named trustee, executor, agent, and guardian still alive, willing, and able to serve?

Is at least one alternate named for every fiduciary role?

Has each named fiduciary been told they are named — and where to find the documents?

If you have minor children, is a guardian named in your will?

Plan Currency

Were all documents reviewed in the last 3–5 years?

Has there been a marriage, divorce, birth, or death since the plan was last updated?

Has there been a major asset acquisition, sale, or inheritance since the last update?

Has your health situation changed significantly since the plan was created?

Minor Children / Special Circumstances

If you have minor children: does the trust hold their inheritance (not distribute at age 18)?

If any beneficiary has a disability: is a Special Needs Trust in place to preserve benefit eligibility?

If you have a blended family: does the plan explicitly address the competing interests?

If you own a business: does the plan address succession, operating agreement compliance, and S-corp trust eligibility?

Document Validity

Was your will signed in the presence of two witnesses who also signed in each other’s presence (§ 474.320, RSMo)?

Were none of the witnesses also named as beneficiaries in the will?

Is the trust notarized?

If documents were created through an online service, has an attorney reviewed the execution page for compliance with Missouri law?

Frequently Asked Questions About Estate Planning Mistakes

What is the single most expensive estate planning mistake in Missouri?

For most Missouri families, the most expensive mistake is owning real estate without a funded trust. A home owned in an individual name — even if the owner has a will — goes through Missouri probate. On a $500,000 estate, that probate costs approximately $14,000 in statutory attorney and executor fees under § 473.153, RSMo, plus court costs, appraiser fees, and 9–14 months of delay. For a $700,000 estate: approximately $16,250 in statutory fees alone. This outcome is entirely preventable with a funded revocable trust — a planning step whose cost is a fraction of a single probate proceeding.

Can a beneficiary designation mistake be corrected after the account holder dies?

In most cases, no. A valid beneficiary designation is a binding contractual designation. When the account holder dies, the designated beneficiary has an immediate contractual right to the account. Missouri courts have very limited authority to override a valid contractual beneficiary designation — and federal law (ERISA) preempts state domestic relations orders for most employer-sponsored retirement accounts. The ex-spouse designation problem is especially intractable: Missouri’s divorce revocation statute (§ 474.420, RSMo) applies to will provisions but not to contractual designations on ERISA-governed accounts. The only reliable solution is prevention: review and update beneficiary designations while the account holder is alive.

My will was done by an attorney 12 years ago. Is it still valid?

A properly executed will does not expire — it remains legally valid until revoked, replaced, or a court finds it invalid. The question is not whether it is legally valid but whether it still reflects your wishes and your current circumstances. A will from 12 years ago names the people and allocates the assets as they were 12 years ago. If your family has changed (marriage, divorce, births, deaths), if the people named have changed (deaths, moves, estrangements), or if your assets have changed significantly, the valid 12-year-old will may produce outcomes you would not choose today. Legal validity and practical adequacy are different things — both matter.

What happens to my assets in Missouri if I die without any estate plan at all?

Your estate is distributed under Missouri’s intestate succession statute (Chapter 474, RSMo) — the court applies a default kinship hierarchy regardless of your relationships, intentions, or wishes. The distribution order: spouse first (either all if no children, or half if there are children from the marriage), then children, then parents, then siblings, and so on. A long-term unmarried partner receives nothing. Stepchildren not legally adopted receive nothing. A charitable organization you cared deeply about receives nothing. The only people who receive anything are those who qualify under the statutory kinship hierarchy — and the distribution follows the statutory formula, not any understanding of your actual intentions.

How do I know if my existing estate plan has any of these problems?

The self-audit checklist above is a good starting point — any “no” answer in a red-highlighted row identifies a gap worth addressing. For a more thorough assessment, TrustFully offers a free estate plan risk assessment and asset protection planning session. We review your existing documents (or the absence of them), identify every gap, and explain in plain English what a complete plan for your specific situation looks like — with no pressure and no commitment required. Serving the Greater St. Louis Area and all of Missouri.

Is Your Estate Plan Making Any of These Mistakes?

Most families don’t know — because the mistakes are invisible until triggered. A free estate plan risk assessment identifies every gap in your current plan, or the absence of one, and explains exactly what a complete, mistake-proof plan for your specific situation looks like. No pressure. No commitment. Serving the Greater St. Louis Area and all of Missouri.

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This article is provided for informational purposes only and does not constitute legal advice. Missouri probate fee schedule: § 473.153, RSMo. Creditor notice: § 473.033, RSMo. Missouri will execution: § 474.320, RSMo. Missouri intestacy: Chapter 474, RSMo. Pretermitted heir: § 474.460, RSMo. Divorce revocation of will provisions: § 474.420, RSMo (note: does not apply to ERISA-governed accounts). Beneficiary deed: § 461.025, RSMo. Durable POA: § 404.700 et seq., RSMo. Healthcare directives: § 404.800 et seq., RSMo. Missouri Electronic Wills Act: effective August 28, 2025. ERISA preemption of beneficiary designation disputes: Egelhoff v. Egelhoff, 532 U.S. 141 (2001). Missouri UTC decanting: § 456.4B-1001, RSMo. Missouri trust perpetuities: § 456.1-102. Federal estate tax exemption: $15,000,000 per individual / $30,000,000 per married couple (2025+). Cost estimates are typical ranges and may vary. Consult a licensed Missouri estate planning attorney for guidance specific to your circumstances. The choice of a lawyer is an important decision and should not be solely based upon advertising.