Will Writing Service in Missouri

An adult in Missouri (18 years and above) desirous of protecting their legacy can kickstart the process by making a will. When making a will, you can explore the options detailed in this article and consider the formal requirements provided. In the will-writing process, the testator must be 18 years old and have the testamentary capacity to understand the implications of writing a will in Missouri. 

How much does it cost to write a will in Missouri?

Depending on the complexity of your estate, attorney fees, the type of will you intend to make and your wishes, on average, it will cost you $ 200 to $ 600 to write a will in Missouri. Yet, if you choose to write the will yourself, you may incur no costs. However, if you write the will yourself, there are risks of being considered invalid for failure to comply with the Missouri estate laws. 

Can I write a will without a lawyer in Missouri?

Yes, if you are 18 years or older or an emancipated minor by court order, marriage or have a testamentary capacity, you can write a will without a lawyer in Missouri. There is no legal requirement in Missouri laws for one to acquire the services of a lawyer when writing a will.  Handwritten wills, Do-it-yourself wills, and typed wills are acceptable. 

Is It Legal to Write Your Own Will in Missouri?

Yes, it is legal to write your own will in Missouri. Whether typed or handwritten, wills that the testator makes are legal and valid in Missouri. The following factors buttress their validity:

1. The maker of the will is 18 years old and above;
2. The maker of the will is of sound mind;
3. The will is in writing;
4. The testator signs the will, and
5. Competent witnesses witness the signing of the will.

Does a will in Missouri need to be notarized?

No,  a will in Missouri does not need to be notarized for it to be legal. However, to add a ‘self-proving’ effect to the will, you may need to go to a notary to notarize it. A self-proving affidavit attached to a will speeds up the probate process without requiring the witnesses who observed the signing of the will to testify. 

Do I Need a Lawyer to Make a Will in Missouri?

No, you do not need a lawyer to make a will in Missouri. The Missouri laws do not require hiring a lawyer in the will-making process. However, consult a lawyer to ensure your will is valid.

LegalPen, an online will writing company, can help you write a valid will that complies with the Missouri Estate laws. 

Do I Need a Lawyer to File a Will in Missouri?

No, you do not need a lawyer in Missouri to file a Will. You can file your will in the Probate Division of the Circuit Court. In case the testator is dead, the executor should file the will at the Probate Division of the Circuit Court within one year of the testator’s death. 

Are Online Wills Legal in Missouri?

Yes, online wills are legal in Missouri. An online will is a legal document created using online resources and tools such as websites or software designed for that purpose. In as much as online wills are valid in Missouri, after creating an online will, you should print it and have it signed by the testator and witnessed by two competent witnesses. 

To create an online will, you can contact LegalPen today. 

How to Include Digital Assets in a Missouri Will?

You can include digital assets in a Missouri will by including them among your assets and allocating a beneficiary who will inherit the digital assets. For digital assets such as social media accounts like YouTube, Instagram, and Facebook, you will leave behind passwords and instructions on how you would like them to be handled and utilized. 

How to Disinherit Someone in a Missouri Will?

You can disinherit someone in Missouri by not including them in the will. Rather,  you can disinherit someone in the will by stating that you do not intend for the beneficiary to inherit anything in the will.  As part of the disinheritance, you can include your reasons for disinheriting them. Some reasons for disinheriting a potential heir include:

1. A strained relationship between the testator and the potential heir;
2. Irresponsibility of the potential heir; or
3. Criminal behaviour by the potential heir

How to Handle Debts and Liabilities in a Missouri Will?

In case you have a car loan, you owe someone or even a mortgage. You should include debts and liabilities in your Missouri will. Once you include your debts and liabilities in a Missouri will, leave instructions on how you would like the loans to be paid and the priority of making the payments. 

How to Provide Minor Children in a Missouri Will?

You can provide for minor children in a Missouri Will by:

1. Appointing a legal guardian who will take care of them after your passing;
2. Allocating assets and money for the education and welfare of the children;
3. Leaving detailed instructions on how the minors should be taken care of, for example, if they have allergies and other special conditions and
4. Mentioning an executor who will be in charge of administering your estate assets and debts. 

How to Store Your Missouri Will Safely?

You can store your will in a safe deposit box within your home in Missouri. Storing your will in a safe and secure place is an important part of the will-making process. After storing your will in a safe place, you can inform a trusted family member and an executor of the place where you have stored it so that it can be easily accessed when needed. 

You can store your will with an attorney, an in-house lawyer, or a clerk of the courthouse in your county, in addition to a safe deposit box.

How to Contest a Will in Missouri?

Beneficiaries of a will, any person who could have inherited property and creditors with a claim against the estate of the decedent, may contest a will. The grounds for contesting a will include failure of the will to comply with the state’s legal requirements, ambiguous provisions in the will; the will has been revoked, a new will exists other than the one that is being probated, fraud, undue influence, duress, and lack of mental capacity to write a will.

A person contesting a will may do so by filing a lawsuit in the probate court where the decedent resided. To ensure you are filing a proper suit, engage the services of a probate lawyer in Missouri. 

What are No-Contest Clauses in Missouri Wills?

Section 456.4-420 of the Missouri Estate laws defines a non-contest clause as a provision in a trust or an estate planning instrument that purports to rescind a donative transfer to, or fiduciary appointment of, any person, or that otherwise affects a forfeiture of some or all of the interested person’s beneficial interest in a decedent’s estate as a result of some action taken by the beneficiary such as challenging the provisions in the will. 

What is the difference between probate in Missouri and Maryland?

The probate proceedings in Missouri are handled by the circuit court in the county where the decedent lived at the time of their death. Meanwhile, probate proceedings in Maryland are handled by the Orphans’ Court or the circuit court in the county where the decedent resided. Will Writing in Maryland article has more information on the probate process in Maryland.

How to Handle Foreign Property in a Missouri Will?

Before including foreign property in your Missouri will, seek counsel from international estate planning attorneys who are familiar with the Missouri probate law and the laws of the foreign country where the property is situated. After consulting the attorney, identify the foreign property in your will, determine the jurisdiction laws that will govern the disposition of foreign property, preferably the laws of the country where the foreign property is situated, appoint an executor who will access the property and devolve it among your beneficiaries and include the property in your Missouri will. 

How to Make a Will for Same-Sex Couples in Missouri?

Same-sex couples in Missouri (whether married or not) can make wills in Missouri. We recommend that they choose their spouse as a beneficiary or all or part of the estates. The will provides an opportunity to designate a person who will become a conservator or guardian of your minor children. One spouse may make a will, or the married couple may make a joint will. The joint will reflect the wishes of the couple. Same couples intending to write a will can check out How to Write a Will in Missouri article. 

How to Plan for Pet Care in Your Missouri Will?

Every pet owner needs to plan for their pet care in their will to avoid neglect and abandonment of their pet. You can plan for pet care in Missouri by appointing someone you trust and that knows how to care for your type. After choosing a guardian for your pet, you will leave instructions for them detailing the needs of your pet, what they eat, how much they eat, the medication they require and who their vet is. In addition to instructions, you have allocated money to cover the expenses for pet care. 

How to Handle Business Succession in a Missouri Will?

Before deciding on business succession, a business owner should ask themselves the following questions:

1. Who will run the business after you?
2. Will it be an employee, a business partner, your spouse or your child?
3. Do they have the capacity to run the business?

After considering the questions above, you can include a family member in the will as a beneficiary of your business, or you can enter into an operating agreement with an employee or a business sell-out agreement. 

How to Handle Out-of State Property in a Missouri Will?

You can handle out-of-state property by including it in a will. Alternatively, you can incorporate a limited liability company in which you can place real estate into the company and pass the property through an operating agreement. Putting the property that is out of state under limited liability can help avoid probate and help create a plan for your property. 

What is the difference between Holographic wills and Statutory wills in Missouri?

Holographic wills and Statutory wills are types of wills.  A holographic will is a will that is entirely handwritten by the testator and signed by them. According to Missouri laws, holographic wills are valid even if they are not witnessed. Whereas Statutory wills are wills that adhere to the Missouri will making laws. They are written, signed, and witnessed by the testator.