5 Common Types of Trusts in Missouri

October 3, 2018

We often get clients who say, “I’d like to set up a Trust.” Yet, what type of trust you want to set up will depend on your situation.

One big advantage of most Trusts is they can help your heirs avoid probate court and, in many instances, can help keep your affairs private. Many trusts are not part of the probate court system and never become a matter of public record.

Trusts - Trustee, Assets, Property, Law, Benefits

5 Common Types of Trusts in Missouri are:

  1. Testamentary Trusts. Testamentary Trusts have no power or effect until the Will of the deceased is probated. Although a testamentary trust will not avoid the need for probate and will become a public document as part of your Will, it can be useful in accomplishing many estate planning goals. The most common use we see of these are where individuals want an inexpensive estate plan with provisions for minor children.
  2. Revocable Trusts. Revocable Trusts are often referred to as “Living Trusts” because they are created while you are alive. Revocable Trusts are the most popular type of Trust. With a revocable trust, the person establishing the trust (this person is known as the grantor, trustor, or trustmaker) maintains complete control over the trust and may amend, revoke or terminate the trust at any time. Revocable trusts are generally used for asset management, probate avoidance, and some tax planning.
  3. Protection Trusts. Sometimes called a Medicaid Asset Protection or MAP Trust. Protection Trusts are crafted for a specific purpose, to protect the property inside (often a home, real estate, or farm land) from creditors and/or nursing homes. Because of its ability to protect real estate and other assets, Protection Trusts are becoming more and more popular, especially for individuals who do not have long-term care insurance.
  4. Supplemental Needs Trusts. Supplemental Needs Trusts are often called Special Needs Trust. They enable the donor to provide for the continuing care of a disabled spouse, child, relative or friend while allowing the beneficiary to also receive public benefits.
  5. Pet Trusts. More and more, clients are telling me they want a plan that ensure their pets will be well taken care of following their death. The Uniform Trust Code contains specific provisions allowing trusts to care for your pets after your death.

4 Ways Flat Fee Billing Benefits Estate Planning Clients

June 21, 2016

When possible (and most of the time it is possible), we charge our clients flat fees for estate planning work. That way, our clients will know exactly how much it will cost to have their will, trust, or other estate planning documents prepared.

A Canadian court had this to say about legal services, “A person requiring legal advice does not set out to buy time. Rather the object of the exercise is to buy services.” Our focus is on delivering you the services you want, in the most efficient manner possible.

We prefer flat fees for 4 main reasons:

  1. Flat Fees Creates Predictability for the Client. Before you choose what services to have us perform, you will know what it will cost. This is much better than receiving a bill in the mail after the fact and being surprised at the number of hours a project took.
  2. Flat Fees Incentivize us to Work Efficiently. Under the billable hour model, attorneys have a disincentive to leverage past work. Sometimes, you even see attorney’s reinventing the wheel simply because they get to charge for the time they spend “reinventing”. With flat fees, our focus is on working efficiently to provide you with the services and outcome you desire.
  3. Flat Fees Focus on Value. Our focus is on delivering value to each and every one of our clients. Value means delivering peace of mind today and saving time, money, and energy in the future.
  4. Flat Fees Lead to Early Assessment and Evaluation of Case. Before entering into a flat fee billing agreement, we will thoroughly assess the matter. We will review and evaluate each known step in the process, determine how much work will be required, and what contingencies may arise. Our flat fee will reflect the amount of work required, the complexity of the matter, the skill set needed, and the value provided. The benefit to you is that you get a clear picture at the beginning of the case, rather than when are half way through the matter.

Flat fees are just another way we deliver value to our estate planning clients throughout Missouri. To learn more, feel free to contract our Cape Girardeau office at 573-334-5125.