At Beck, Lenox & Stolzer Estate Planning & Elder Law, LLC, our Missouri estate planning attorneys work hard to educate individuals and families about common estate planning mistakes to avoid in Missouri. Having a properly prepared Last Will and Testament is one of the most important steps you can take to protect your loved ones, preserve your assets, and ensure your wishes are honored after your death.
A will allows you to direct how your property will be distributed, name guardians for minor children, and appoint an executor to manage your estate. Every adult over the age of 18 should have a legally valid estate plan in place. Unfortunately, many people make costly mistakes that can create stress, conflict, and unnecessary probate complications for their families.
Naming Co-Executors Can Create Conflict
Many parents believe naming multiple children as co-executors is the fairest approach. However, in practice, co-executors often disagree on important decisions, leading to delays, arguments, and even litigation.
For example, one child may want to sell a family home while another wants to keep it. When multiple executors cannot agree, the estate administration process can become expensive and emotionally draining.
An experienced Missouri estate planning attorney will often recommend naming one primary executor and one backup executor instead of assigning equal authority to multiple individuals.
A Will Alone Does Not Avoid Probate in Missouri
One of the biggest misconceptions about estate planning is believing that a will avoids probate. In reality, a will must typically go through the Missouri probate process before assets can be distributed.
Probate is the court-supervised process of validating a will and administering an estate. Assets titled solely in the deceased person’s name may still require probate unless proper planning tools are used, such as:
- Revocable living trusts
- Beneficiary designations
- Transfer on Death (TOD) deeds
- Payable on Death (POD) accounts
Working with a Missouri estate planning lawyer can help reduce the need for probate and simplify the transfer of assets to your loved ones.
Be Specific About Sentimental Items
Failing to clearly identify who receives sentimental possessions can create major family friction. Items with little financial value often carry significant emotional value.
A general statement that children should “divide everything equally” may sound fair, but it frequently causes issues after a parent passes away. Family members and spouses may have different opinions about who should receive certain heirlooms, jewelry, furniture, or keepsakes.
A well-drafted estate plan should specifically identify important personal items and who should inherit them.
Update Your Estate Plan After Major Life Changes
Estate planning documents should be reviewed regularly and updated after significant life events, including:
- Marriage
- Divorce
- Birth of a child or grandchild
- Death of a beneficiary or executor
- Major financial changes
Failing to update your will or beneficiary designations could unintentionally leave assets to an ex-spouse or exclude intended heirs.
Missouri estate planning attorneys generally recommend reviewing your estate plan every three to five years or anytime a major life event occurs.
Consider the Consequences of Leaving an Inheritance
Leaving assets directly to a beneficiary without proper planning can create unintended financial and legal consequences.
For example:
- A disabled beneficiary could lose government benefits
- A child going through divorce could expose inherited assets to a spouse
- A college student could lose financial aid eligibility
- Young beneficiaries may not be financially mature enough to manage a large inheritance
An experienced estate planning attorney may recommend specialized planning tools such as trusts or special needs trusts to protect beneficiaries and preserve assets.
Make Sure Your Family Can Locate Your Estate Planning Documents
Even the best estate plan can fail if no one can find the original documents.
Your family should know:
- Where your original will and trust documents are stored
- How to contact your estate planning attorney
- Where important financial information is located
Store documents in a secure, fireproof, and waterproof location, and ensure trusted individuals know how to access them when needed.
DIY Estate Planning Can Lead to Serious Problems
Online templates and Artificial Intelligence tools cannot replace the guidance of an experienced Missouri estate planning attorney. Estate planning laws vary by state, and mistakes in drafting documents can lead to invalid provisions, probate issues, tax issues, and unintended outcomes.
Every family situation is unique. A customized estate plan ensures your wishes are legally enforceable and designed specifically for your goals, assets, and loved ones.
Working with a qualified Missouri estate planning lawyer provides peace of mind knowing your family will be protected when they need it most.
Frequently Asked Questions
Do I need a will if I live in Missouri?
Yes. Every adult in Missouri should have a will or estate plan in place. Without one, Missouri intestacy laws determine how your assets are distributed, which may not reflect your wishes.
Does a will avoid probate in Missouri?
No. A will generally still goes through probate court. Additional planning strategies, such as trusts and beneficiary designations, may help reduce or avoid probate.
How often should I update my estate plan?
You should review your estate plan every three to five years and after major life changes such as marriage, divorce, births, deaths, or significant financial changes.
Should I use an online estate planning template?
Online forms may not comply with Missouri law or address your unique circumstances. Working with an experienced estate planning attorney helps ensure your documents are legally valid and tailored to your needs.
Protect Your Family with a Missouri Estate Plan
Estate planning is about more than distributing assets—it is about protecting your loved ones, preserving your wishes, and creating peace of mind for the future.
Contact Beck, Lenox & Stolzer Estate Planning & Elder Law, LLC for all of your estate planning needs by booking a call: https://beckelderlaw.com/book-a-call/
Reference: BuzzFeed (Oct. 7, 2025) “The Biggest Mistakes People Make in Their Wills, According to Estate Lawyers”
