Will Attorney in Union, MO
The will in your file cabinet might be twenty years old. It could name an executor who has since died, or leave property you sold a decade ago. Or there's no will at all, and a new baby, a marriage, or a divorce has you thinking about it. Schmanke Law Firm prepares new wills and updates old ones for people in Union and the surrounding area, with the experience of a firm that also handles probate.
What goes into a will
Most of a will is about property. You decide who gets it. That might be one person, like a spouse. It might be your children in equal shares, or a mix of family members, friends, and a church or charity.
You can also leave specific things to specific people. The farm ground can go to the child who works it. A truck or a gun collection can go to a nephew. A set dollar amount can go to someone who helped you over the years.
Your will also names a personal representative, often called an executor. This is the person who deals with the probate court, collects your property, pays your debts, and distributes what's left according to the will. You can name a backup in case your first choice can't serve.
Parents of children under 18 can use a will to name a guardian. A probate court still makes the appointment, but when both parents have died, Missouri law directs the court to appoint the person named in the last surviving parent's will unless that person is found unfit.
Property a will doesn't control
Some property passes outside a will. Life insurance and retirement accounts usually go to whoever is listed as the beneficiary on the account. Bank accounts with a payable-on-death designation, and property you own jointly with survivorship rights, generally pass straight to the named person or the co-owner. A beneficiary deed can transfer real estate to named individuals.
This doesn't make a will less useful. It just means that part of preparing one is looking at how your property is actually titled, so your will and your beneficiary designations aren't working against each other.
If this is your first will
You don't need to know what your will should say before you come in. Most people arrive with a rough idea, a few questions, and some things they haven't decided yet.
At the consultation, we'll talk about your family, what you own, and what you'd want to happen. The attorney will tell you what the will should cover and point out anything you may not have thought about. If a will alone isn't the right fit for your situation, we'll tell you that too, and you can read more on our Estate Planning page.
If you already have an older will, bring it.
Reasons people make or update a will
Sometimes it's a life change. People get married, have a baby, buy land, or sell a business, and it occurs to them that nothing is in writing.
Other times the will already exists but no longer fits. It was signed 20 years ago. The executor named in it has since died. It leaves a house that was sold a decade back.
Plenty of people have no particular reason. They've just been meaning to do it.
Not every change calls for a new will. Divorce is one that usually does. Under Missouri law, a divorce automatically cancels the parts of your will that benefit your former spouse, but the rest of the document stays in effect. What's left may not match what you'd want now.
Working with a will attorney
A will lawyer does more than type up what you say. Much of the work is asking questions you might not think to ask yourself.
Who should serve if your first choice for executor can't? What should happen if one of your children dies before you do? Should a young beneficiary receive their share all at once, or at a later age? If you're leaving things to children unequally, how should the will explain that?
Once those decisions are made, the attorney drafts the will in plain language and goes over it with you before you sign. Missouri has specific signing and witness requirements, and the will is signed in a way that meets them. Most wills we prepare are also made self-proved, which makes things easier for your family later on.
Frequently Asked Questions
Do I need a lawyer to write a will in Missouri?
No. Missouri doesn't require an attorney. The law requires that you be at least 18 (or an emancipated minor) and of sound mind, that the will be in writing, and that it be signed by you and by at least two competent witnesses in your presence. A lawyer's value is making sure the will is signed correctly and actually does what you want. That matters more when you own land, have children from more than one relationship, or want to divide things unevenly.
Does a will need to be notarized in Missouri?
No. A will can be valid without a notary. Many wills include a self-proving affidavit, which you and your witnesses sign in front of a notary. It's optional. Its purpose is to let the probate court accept the will later without having the witnesses come in and testify about how it was signed.
What happens if you die without a will in Missouri?
Property that doesn't pass by beneficiary designation or joint ownership is distributed under Missouri's intestacy law. Who inherits depends on which relatives survive you, starting with a spouse and children and moving outward from there. You don't get to decide the shares, leave anything to a friend or charity, name who handles the estate or name a guardian for minor children.
Can I change my will after it's signed?
Yes. The usual way is to sign a new will that replaces the old one. Missouri law also allows you to revoke a will by destroying or canceling it. Writing changes directly on a signed will is not a reliable way to change it. New provisions have to be signed and witnessed just like the original.
How much does a will cost?
It depends on what the will needs to do. A will for a single person with a house and a bank account takes less work than one for a blended family with farmland and several specific gifts. You can ask about the cost of your will during the free consultation.
Talk with a Will Attorney in Union
If you've been meaning to get a will done, or the one you have is out of date, we'd be glad to talk it through with you. The first consultation is free and takes place at our Union office, with Owensville appointments available.