Legal Question in Wills and Trusts in Missouri

Re: No Will While On Travel/Vacation

Your statement that you do not intend to hire an attorney to provide expert professional services to you in these matters of utmost importance is troubling to say the least. Your question about a "notarized quit claim deed" demonstrates your lack of knowledge of even the most basic legal concepts involved. I do not mean to be insulting. Most people do not have any understanding of the legalities involved. This is precisely the reason that so many people must face an extremely stressful, time-comsuming, expensive and unsatisfactory legal process after the death of a loved one. This result is avoidable with relative ease and little expense by using the services of an attorney. If a person really cares about the well-being of the loved ones who are left behind, that person will take care of some estate planning to ease the loved one's burden when the inevitable time comes. There is absolutely no doubt in my mind that you and your spouse should consult with an attorney, and soon. An attorney will advise you that you have many options. A simple beneficiary deed may suffice to take care of the real estate. Simply putting other assets in joint names or including a "TOD" or "POD" clause on the titles to various items may accomplish your goals of transferring your assets if you die without requiring probate and without effecting your rights to do whatever you want with your assets while you're alive. Some assets are similar to life insurance policies and you can simply be sure that you have properly named your chosen beneficiares. However, you may still be well-advised to draw up Wills to deal with other assets or other issues. These do not have to be extremely complicated or expensive, and they can usually be done quickly and efficiently. Of course you can always make changes in any of these arrangements at any time after you return if you see fit to do so, but you will have the peace of mind of knowing that you have taken care of everything while you are traveling and enjoy your vacation. Please consider my advice to you and contact an attorney. If you are located in the Eastern half of the state you may call me for a free telephone consultation at 314-727-2822. I would be happy to help.

Re: No Will While On Travel/Vacation

I do not mean to offend, however, if you have the money to vacation out of the country and you also own "property, house, cars, 401k, investments, etc" as you mention, it seems unwise to say that you "do not plan to spend the money to hire a lawyer over the next 90 days to write a will or living trust." Many estate planning lawyers, like myself, will execute simple wills for you and your wife for a flat fixed fee for around $300-400. Such an expense is money well spent if you are truly interested in being able to pass on your assets as you wish when you die. I certainly would NOT recommend a notarized quit claim deed in your circumstances. A will combined with various non-probate transfers can generally effectuate your wishes to avoid having your assets tied up in probate. A living trust is another option for those that want to avoid all risk of probate.

I highly recommend that you contact an experienced estate planning lawyer to assist you. There are many people with far less assets than you that spend the time and money to protect their assets for their family when they are gone. Relying on Missouri's laws of intestacy is not a wise decision - particularly if you hope to avoid probate. If you are located in the western half of the state, feel free to give me a call at (816) 444-1172 to discuss your situation further. Either way, best of luck with your situation and enjoy your vacation!