Collections of Estate Plans

Collection #1:

  • Last Will & Testament (with or without Guardianship Provision for Minor Child(ren))
  • Durable Power of Attorney for Finances
  • Durable Power of Attorney for Healthcare
  • Healthcare Directive/Living Will

 Collection #1 is perfect for individuals who do not have any estate plans in place already but perhaps do not want to take the leap into a Revocable Trust just yet or perhaps just don’t like the idea of a Revocable Trust. This collection offers the protection of avoiding probate but still planning for your family and allowing for the peace of mind that your wishes will be carried out. If you happen to have minor children you may indicate, in your Last Will and Testament, who should care for them (through a Guardianship Clause) should something happen to you or your spouse.

The Powers of Attorney for Healthcare and Finances will allow you to designate individuals to take care of your healthcare decisions and your finances should you become incapacitated. The Healthcare Directive, also known as a Living Will, will allow you to specify what kind of decisions you would like the individual you designated in your Durable Power of Attorney for Healthcare to follow. For example, do you wish to be put on life support? Do you want CPR? Do you want feeding tubes, etc.?

Collection #2:

  • Last Will & Testament (with or without Guardianship Provision for Minor Child(ren))
  • Durable Power of Attorney for Finances
  • Durable Power of Attorney for Healthcare
  • Healthcare Directive/Living Will
  • Missouri Beneficiary Deed*

Collection #2 is essentially the same as Collection #1 except that it offers the availability of transferring your home to your loved ones so that they can avoid the time and expense of probate. We will take care of the drafting and filing of your deed for you. All you have to do is tell us whom you wish to receive your property at the time of your death.

Collection #3:

  • Last Will & Testament (with or without Guardianship Provision for Minor Child(ren))
  • Revocable Trust
  • Durable Power of Attorney for Finances
  • Durable Power of Attorney for Healthcare
  • Healthcare Directive/Living Will

Collection #3 is most popular among individuals with young children, people who are planning on leaving property to their grandchildren or people who are planning for the possibility of diminished capacity later on down the road.

Collection #4:

  • Last Will & Testament (with or without Guardianship Provision for Minor Child(ren))
  • Revocable Trust
  • Durable Power of Attorney for Finances
  • Durable Power of Attorney for Healthcare
  • Healthcare Directive/Living Will
  • Missouri Beneficiary Deed to Trust*

Collection #4 is essentially the same as Collection #3 except that it offers the availability of transferring your home to your Revocable Trust. We will take care of the drafting and filing of your deed for you.

Collection #5:

  • Last Will & Testament (with or without Guardianship Provision for Minor Child(ren)) including special needs provision for spouse*
  • Revocable Trust including disclaimer trust provision* and special needs trust provision for beneficiaries*
  • Durable Power of Attorney for Finances
  • Durable Power of Attorney for Healthcare
  • Healthcare Directive/Living Will

This collection contains a disclaimer provision and a special needs trust provision for beneficiaries/spouse.  

Special Needs Trust Provision for Spouse: There may come a time when a spouse (surviving spouse) may be entitled to a government assistance program (i.e. Medicaid) and a large inheritance from the other spouse (deceased spouse) would thereby disqualify them from receiving benefits. By creating a special needs trust provision in the deceased spouse’s last will and treatment we are trying to optimize any benefits that the surviving spouse received and ideally will continue to receive. This trust is contingent-meaning that if the surviving spouse is not a special needs person then this trust will not trigger.

*Disclaimer Trust Provision: This allows for tax planning-based on the federal estate tax exemption. At the time of the first spouse to die (deceased spouse) the surviving spouse will be able to make an election to decide how much, if any, of the deceased spouse’s estate to disclaim. Currently, the estate tax is a little over five million dollars; it could change this year, next year or next month. Should the estate tax change and the surviving spouse wishes to make a disclaimer, to avoid estate tax on the first spouse’s death, they may do so with the disclaimer trust. The surviving spouse will still have access to principal and income from the disclaimed portion. The remainder will pass to the deceased spouse’s heirs through his or her last will and testament.

*Special Need Trust Provision for Beneficiaries –a special needs trust provision allows the trustee to hold the beneficiaries share in trust for them should they be on government assistance programs such as Medicaid, etc. This trust is contingent-meaning that if the beneficiary is not a special needs person then this trust will not trigger.