Estate Planning
Planning for the future protects the people you care about — and it should not feel overwhelming or open-ended. Most of our estate planning clients work with us through one of two structured, flat-fee engagements: a Will Packet or a Trust Packet, each built around a clear, predictable process from your first meeting with us to a finished, properly executed set of documents. Whether you need a simple will, powers of attorney, a revocable living trust, or coordinated advice on non-probate transfers like a beneficiary deed or transfer-on-death designations, we provide clear guidance, carefully drafted documents, and — for trust clients — hands-on help actually putting the plan into effect, not just paperwork explaining how you could.
Why Estate Planning Matters
Without a proper estate plan:
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Your family may face unnecessary probate proceedings
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Minor children may not have guardians designated by you
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Real estate may require court involvement to transfer
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Financial institutions may freeze accounts during incapacity
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Medical decisions may be made by someone you would not have chosen
Missouri law provides powerful tools to avoid these outcomes, but they must be properly prepared and executed. We help you put those tools in place.
Our Will Packet
For most individuals and couples, our Will Packet is a complete, flat-fee estate plan built around a Last Will and Testament and the documents that protect you during your lifetime, not just after it. A typical Will Packet includes:
• A Last Will and Testament, including guardian nominations for minor children where applicable
• Durable Power of Attorney for Financial Matters
• Durable Power of Attorney for Health Care Decisions and a Missouri Health Care Directive (living will)
• HIPAA Authorization
• A Beneficiary Deed for your home, where appropriate, to help your family avoid probate on real estate
• A review of your beneficiary designations and account titling to make sure they actually match what your will says — the single most common estate-planning failure point
You leave our office with a complete, properly executed, professionally presented set of documents — not a stack of forms to
interpret on your own — and a plain-English closing letter explaining what each document does, who your named agents and
executor are, and when you should revisit the plan.
Our Trust Packet
For families who want to avoid probate, keep their affairs private, or need more structure — multi-state property, blended families, minor children, or a desire to simplify things for a surviving spouse — our Trust Packet builds the plan around a Revocable Living Trust. A typical Trust Packet includes:
• A Revocable Living Trust and a Pourover Will
• Durable Power of Attorney for Financial Matters, drafted to work with your trust
• Durable Power of Attorney for Health Care Decisions and Health Care Directive
• HIPAA Authorization
• A Certificate of Trust — the short document your bank or title company can rely on instead of your full, private trust agreement
• A Beneficiary Deed or trust-transfer deed for any real property not already titled in the trust
An unfunded trust is the most common way a trust-based plan fails — and it is also the step most firms leave entirely to the client. We do not just hand you the documents and a set of instructions. We help you actually fund the trust: recording the deed to your home, contacting your banks and brokerages with the trust certification, and updating your retirement account and life insurance beneficiary designations to align with your plan. You leave with a funding checklist showing exactly what has been completed and what, if anything, remains — not a folder of paperwork and a to-do list
Powers of Attorney & Health Care Directives
Estate planning is just as much about planning for the possibility of incapacity as it is about the inevitability of passing on. We regularly assist clients by preparing:
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Durable Financial Powers of Attorney
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Medical Powers of Attorney
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Living Wills / Advance Health Care Directives
These documents allow trusted individuals to make financial and medical decisions if you cannot. Without them, your family may be forced into a court-supervised guardianship or conservatorship proceeding. Proper planning can avoid this risk.
Beneficiary Deeds & Non-Probate Transfers
Missouri law allows powerful non-probate transfer tools, including Beneficiary Deeds for real estate. A properly prepared and recorded beneficiary deed can:
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Transfer real estate at death
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Avoid probate
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Preserve lifetime control
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Provide flexibility
Because estate planning frequently intersects with real estate, we maintain an established working relationship with a title company and assist clients in properly preparing and recording beneficiary deeds and addressing related title matters. We also advise on:
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Transfer on Death (TOD) designations
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Payable on Death (POD) accounts
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Coordinating beneficiary designations with trusts
Proper coordination prevents costly conflicts and unintended outcomes.
A Practical, Relationship-Focused Approach
Estate planning should not feel like an open-ended project. Our process is built around two meetings:
• Design Meeting: We meet to understand your family, your goals, and your assets, and recommend the plan — Will Packet or Trust Packet — that fits your circumstances.
• Between meetings, our team reviews your assets and beneficiary designations, drafts your documents, and — for trust clients — begins the funding process.
• Signing Meeting: You review, ask questions, and properly execute your documents in compliance with Missouri law. You leave with a complete, bound set of original documents and a plain-English closing letter.
This structure lets us give you a clear, upfront understanding of cost and timeline before any work begins, and it is why most of our estate planning engagements are handled on a flat, predictable fee rather than open-ended hourly billing.
When Should You Update Your Estate Plan?
You should review your estate plan after:
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Marriage or divorce
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Birth or adoption of a child
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Significant change in assets
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Purchase or sale of real estate
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Relocation to or from Missouri
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Changes in tax law
Even well-drafted documents should be reviewed periodically to ensure they remain aligned with your life.
Estate Planning Attorney Serving St. Louis & Surrounding Areas
We represent individuals and families throughout:
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St. Louis County
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St. Louis City
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St. Charles County
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Jefferson County
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Franklin County
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And surrounding Missouri communities
If you are ready to put a plan in place — or need to update an existing plan — we are here to help.
Schedule an Estate Planning Consultation
Estate planning is an act of responsibility and care. If you would like to set an appointment to discuss your estate planning needs, you can reach us by phone at (314) 227-1014 or fill out the "Contact" form on this website.
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Frequently Asked Questions About Estate Planning in Missouri
Do I really need an estate plan if I am not wealthy?
Yes. Estate planning is not just for the wealthy. Every adult should have basic legal documents that protect them during life and direct what happens after death. Even modest estates can create unnecessary expense, delay, and family conflict if proper planning has not been completed.
Do you charge by the hour for estate planning?
Not usually. Most of our estate planning clients work with us through one of two flat-fee engagements — a Will Packet or a Trust Packet — so you know the scope and cost of your plan before we begin any work. Hourly billing is generally reserved for unusually complex matters, which we will discuss with you upfront if applicable.
When should I create an estate plan?
The best time is now. Once you are a legal adult and own property, have children, or want someone you trust to make medical or financial decisions if you become incapacitated, you should have an estate plan.
What documents are included in a basic estate plan?
A comprehensive estate plan often includes:
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Last Will and Testament
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Durable Financial Power of Attorney
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Durable Power of Attorney for Healthcare
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Advance Healthcare Directive (Living Will)
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HIPAA Authorization
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Beneficiary designations
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Beneficiary deeds or Transfer on Death planning when appropriate
Depending on your circumstances, a revocable living trust or other planning tools may also be appropriate.
What is a Last Will and Testament?
A will directs how your probate assets will be distributed after your death, names the person you want to administer your estate, and may nominate guardians for your minor children.
What happens if I die without a will?
If you die without a valid will, Missouri law determines who inherits your property. Those statutory rules may not reflect your wishes and may produce results you never intended.
What is a Power of Attorney?
A Power of Attorney allows you to appoint someone you trust to make financial or legal decisions on your behalf if you become unable to manage your affairs.
What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney authorizes someone you choose to make medical decisions if you are unable to communicate your wishes yourself.
What is a Living Will or Advance Directive?
An Advance Directive allows you to express your wishes regarding certain end-of-life medical decisions, helping your family and healthcare providers understand your preferences.
What is a HIPAA Authorization?
A HIPAA Authorization allows designated individuals to obtain your medical information when necessary. Without one, even close family members may encounter difficulties obtaining important medical information.
What is a revocable living trust?
A revocable living trust is a legal arrangement that allows assets to be managed during your lifetime and distributed after your death according to the terms of the trust. For some families, trusts can simplify administration and reduce the need for probate.
What does it mean to "fund" a trust and will you help me do it?
Funding means retitling your assets — your home, bank and brokerage accounts, and applicable beneficiary designations — so they are actually owned by, or payable to, your trust. A trust that is signed but never funded generally will not avoid probate for the assets left outside it. For our Trust Packet clients, we do not simply explain this step — we do it with you, including recording deeds and contacting your financial institutions directly.
Do I need a trust or just a will?
It depends on your goals, assets, family circumstances, and long-term planning objectives. Some clients need only a carefully drafted will and related documents, while others benefit from a revocable living trust or more advanced planning.
What is probate?
Probate is the court-supervised process of administering a deceased person's estate. Proper estate planning can often simplify—or in some cases reduce—the probate process for certain assets.
Can I avoid probate?
Some assets may avoid probate through beneficiary designations, jointly owned property, Transfer on Death (TOD) deeds, Payable on Death (POD) accounts, and properly funded trusts. Whether probate can be avoided depends on your particular circumstances.
What is a Beneficiary Deed?
A Missouri Beneficiary Deed allows real estate to pass directly to designated beneficiaries upon your death without becoming part of the probate estate, while allowing you to retain complete ownership during your lifetime.
What are Transfer on Death (TOD) and Payable on Death (POD) designations?
These beneficiary designations allow certain financial accounts and other assets to pass directly to named beneficiaries without probate.
Should my beneficiary designations match my will?
Yes. Beneficiary designations should be coordinated with your overall estate plan. Assets passing by beneficiary designation generally control regardless of what your will says.
Can I leave different assets to different children?
Yes. Missouri law allows you considerable flexibility in determining how your estate will be distributed, provided your documents are properly drafted.
Can I disinherit someone?
In many situations, yes. However, Missouri law provides certain protections for surviving spouses, and other legal considerations may apply depending on your circumstances.
Can I name guardians for my minor children?
Yes. A will allows you to nominate the individuals you would like the court to consider if a guardian becomes necessary for your minor children.
What if my children are young?
Estate planning for parents of minor children often includes naming guardians, establishing trusts or custodial arrangements, and determining how inherited funds should be managed until children reach appropriate ages.
What if I own a business?
Business owners often require additional planning, including succession planning, ownership transfers, operating agreement review, and coordination with their broader estate plan.
What happens if I become incapacitated?
Without proper planning, your family may be required to seek a court-appointed guardianship or conservatorship to manage your affairs. Properly executed Powers of Attorney can often avoid that result.
Should I put my children's names on my bank accounts or deed?
Not necessarily. While this may seem like a simple solution, it can create unintended legal, tax, creditor, or family issues. There are often better planning alternatives.
What if I own property in another state?
Owning real estate outside Missouri may require additional planning to minimize complications after your death.
Can I prepare my own estate planning documents online?
While online forms may work in limited situations, they frequently fail to address important legal issues unique to your family or Missouri law. Poorly drafted documents often create significant problems later.
How often should I update my estate plan?
You should review your estate plan after major life events, including:
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Marriage
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Divorce
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Birth or adoption of a child
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Death of a beneficiary or fiduciary
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Significant changes in assets
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Purchase or sale of real estate
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Relocation to or from Missouri
Even without major changes, reviewing your plan every three to five years is generally advisable.
Can I change my will or trust after it is signed?
In most situations, yes. Wills may generally be replaced or amended while you remain legally competent. Revocable trusts likewise can usually be modified or revoked during your lifetime.
What if I already have estate planning documents?
Existing documents should be reviewed periodically to ensure they still reflect your wishes and remain effective under current Missouri law.
Will estate planning reduce taxes?
For many families, federal estate taxes are no longer a significant concern. However, tax planning may still be appropriate in larger estates or more complex situations.
What should I bring to my estate planning consultation?
Helpful documents include:
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Existing wills or trusts
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Powers of Attorney
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Deeds
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Beneficiary designation information
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Lists of assets
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Family information
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Questions or concerns you would like to discuss
How long does the estate planning process take?
Most estate planning matters can be completed within a relatively short period once the necessary information has been gathered. More complex plans involving trusts, businesses, or tax considerations may require additional time.
Why should I hire Beal & Whitener LLP for my estate planning?
Estate planning is about more than preparing legal documents. It is about protecting your family, preserving your wishes, and reducing uncertainty during difficult times. At Beal & Whitener your estate plan is prepared and reviewed personally by James Beal, who has practiced law in the St. Louis area for 20 years, including extensive experience in Missouri probate and guardianship matters — the very court proceedings a well-built estate plan is designed to help your family avoid. Our estate planning work is supported by our paralegal, Lisa Baker, whose background as a former clerk in the St. Louis County Probate Court gives her particular insight into how beneficiary designations and asset titling actually play out when a plan is put to the test.