Probate | Estate Planning Attorney Chesterfield MO 63017 63005 https://attorneycox.com Estate planning attorney creating wills, trusts, powers of attorney, healthcare directives , probate and trust administration.. Tue, 06 Jan 2026 20:29:28 +0000 en-US hourly 1 https://attorneycox.com/wp-content/uploads/2023/03/favicon-e1686250683900-150x150.png Probate | Estate Planning Attorney Chesterfield MO 63017 63005 https://attorneycox.com 32 32 Estate Planning for Unmarried Couples https://attorneycox.com/estate-planning-for-unmarried-couples/ Tue, 06 Jan 2026 20:26:01 +0000 https://attorneycox.com/?p=2367 Estate planning is essential for unmarried couples to safeguard their future and ensure that their wishes are honored.

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Estate Planning for Unmarried Couples

Estate planning is often associated with married couples, but it’s equally important for unmarried partners to consider. Whether you’re in a committed relationship, cohabiting, or engaged, taking proactive steps to protect each other and your shared assets can provide peace of mind and ensure that your wishes are honored.

Understanding the Importance

Unmarried couples face unique challenges when it comes to estate planning, as they may not have the same legal protections and rights as married couples. Without proper planning, your partner may not be entitled to inherit your assets or make critical decisions on your behalf in the event of incapacity or death. Estate planning allows you to address these concerns and tailor a plan that reflects your wishes and safeguards your partner’s interests.

Key Considerations

  1. Wills and Trusts: A will is a foundational document in estate planning that outlines how you want your assets distributed after your death. Without a Will, state intestacy laws will determine the distribution of your assets, which may not align with your wishes or benefit your partner at all. Consider creating a will or trust to possibly designate your partner as a beneficiary and and as the Personal Representative (“Executor”) and Trustee of your estate and Trust.
  2. Joint Ownership: Joint ownership (with rights of survivorship) of assets, such as bank accounts, real estate, and investments, can simplify the transfer of assets to your partner upon your death if that is in line with your wishes. Joint tenancy with rights of survivorship ensures that your share of the property passes directly to your partner, bypassing probate and potential challenges from other heirs. Nevertheless, there are also some important disadvantages to joint ownership between non-married couples that you should discuss with your attorney.
  3. Beneficiary Designations: Review and update beneficiary designations on retirement accounts, life insurance policies, and other financial assets to ensure that your partner is provided for as you wish. Without proper designations, these assets may pass to other family members or beneficiaries according to default provisions.
  4. Healthcare Power of Attorney and Healthcare Directive: In the event of incapacity, healthcare Powers of Attorney will allow whoever you designate (possibly your partner) to make medical decisions on your behalf. The document also outlines your preferences for end-of-life care. These documents ensure that your wishes are respected.
  5. Estate Tax Planning: Unmarried couples may face estate tax implications if their combined assets exceed the applicable exemption amount. Consult with a qualified estate planning attorney to explore tax-saving strategies, such as gifting, trusts, and other planning techniques to minimize tax liabilities and maximize wealth transfer to your partner.

Navigating Legal Challenges

Unlike married couples, unmarried partners may encounter legal challenges related to inheritance rights, property ownership, and parental rights, especially in the absence of formal legal recognition of their relationship. Consulting with an experienced estate planning attorney who understands the nuances of unmarried couple planning can help address these challenges and tailor a comprehensive plan that protects your interests and reflects your intentions.

Conclusion

Estate planning is essential for unmarried couples to safeguard their future and ensure that their wishes are honored. By taking proactive steps to create a personalized estate plan, you can protect your partner, preserve your assets, and navigate legal complexities with confidence. Whether you’re cohabiting, engaged, or in a long-term relationship, estate planning provides a roadmap for securing your future together and building a legacy that reflects your shared values and aspirations.

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The Estate Planning Process https://attorneycox.com/the-estate-planning-process/ Tue, 20 Jun 2023 20:39:27 +0000 https://attorneycox.com/?p=575 Gain valuable insights and guidance on the estate planning process. Navigate with confidence and ensure effective estate planning for your needs.

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The Estate Planning Process

Many people think the estate planning process is time consuming, complicated and expensive.  An experienced estate planning attorney make estate planning a relatively easy process and can be quite affordable for estates that are not overly complicated.  The best way to learn about the process is to utilize a free initial consultation that provides you an opportunity to meet with attorney Chris Cox and ask specific questions for your unique situation. We offer three convenient options for this free meeting:

  • In-person at our Chesterfield, Missouri location near I-64 and Mason
  • Via phone call
  • Via Zoom video call


During the initial consultation, we make every effort to learn about you, your goals and answer your questions specifically as well offer recommendations and layout a general roadmap for the estate planning process. Most clients find this free consultation incredibly valuable and far exceeds their expectations for a free consultation.

After the free initial consultation, if you wish to proceed, we will provide you with a questionnaire to complete, and schedule a follow-up meeting (either in-person or via Zoom) to gather information and discuss how you’d like to set up your documents. The questionnaire is designed to gather basic, straight-forward information as well as generate discussion with your loved ones about your wishes in terms of assets, finances, healthcare, guardianship and other related topics. Many clients find the questionnaire helpful in discussing topics they many never have considered.

At the follow-up meeting, we go through each document in detail and discuss all possible options. This meeting uncovers the nuanced details needed to create a customized and comprehensive estate plan to meet your specific needs. We never use template forms or documents for your estate plan. Approximately 7-10 days after our office receives all the necessary information from you, we send you a complete draft of your documents for review. Along with these documents, you’ll also receive detailed summaries of the documents that make then easier to read and digest.

After you have reviewed the documents, you can call, email or meet in-person with attorney Chris Cox to discuss questions or changes you may have. Once the documents are in final form, we schedule a signing appointment where you come into the office to sign the documents before a notary public and witnesses. After that appointment, you’ll receive your original signed documents for safekeeping along with an extra copy of everything. We’ll also review general instructions regarding the documents. If a Trust is one of the estate planning documents our office drafted for you, we’ll discuss your next step of moving assets into that new Trust. We supply you with very detailed written “how-to” instructions, and review those instructions with you so we can answer any questions you may have. This is movement of assets into the Trust is called “funding your trust”. This funding process usually does not take much time, and most likely will only require you to go to your bank and the Missouri Department of Motor Vehicles to adjust your car title – everything else can usually be accomplished over the phone, via mail or online.

Overall, our office makes the estate planning process very easy and smooth. We look forwarding to working with you to meet your Estate Planning needs.

Chesterfield estate planning attorney Chris Cox helps people throughout the St. Louis area with estate planning, trust administration, probate and gift giving strategies to maximize the transfer of wealth to your family and friends. To learn how the law applies to your specific circumstances, schedule your FREE consultation with an experienced estate planning attorney online or call our office at 314-727-0163.

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10 Things To Do After Someone Dies https://attorneycox.com/10-things-to-do-after-someone-dies/ Tue, 20 Jun 2023 20:25:16 +0000 https://attorneycox.com/?p=563 When a loved one dies, it can be an overwhelming responsibility of managing that person’s affairs. Here are 10 things to do after someone dies.

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10 Things To Do After Someone Dies

When a loved one dies, the family is faced with a sometimes overwhelming responsibility of managing that person’s affairs. There are many things to attend to, and that often adds more stress to an already difficult time. It is important to ask for help and delegate to other family members. While not all-inclusive, here are the top 10 things to do after someone dies:

  1. Get A Notebook
    It might sound unconventional, but before doing anything you should get a notebook. Record the date and time of every phone conversation, email or postal communication. If you do something, write it down. Be sure to include the full name of the person you speak with, his/her title and the phone number extension. This is a stressful time, often charged with various emotions, and will become quite hectic at times. If you record everything you do, you’ll be able to reference the people involved with a given matter as well as the progress of the many different aspects to managing the affairs of the decedent.
  2. Notify Close Family and Friends
    Don’t forget to ask capable family members for help. You don’t need to do this alone.
  3. Get Several copies of the Death Certificate
    You will need an official Death Certificate for a variety of legal matters. This is a document that will be issued by the State, but usually, the hospital, nursing home or funeral director will take care of this for you. You may need a Death Certificate for each separate asset that your Love One owned (e.g., one to give to the bank, investment broker, life insurance company, etc.), so be sure to order as many as you may need.
  4. Look for your Love One’s Estate Planning Documents
    Be sure to look for any instructions your loved one may have left regarding his/her final arrangements. This can be a Will, Trust, Durable Power of Attorney, Health Care Power of Attorney, Health Care Directive or “Letter of Instruction”. Often these documents can be found wherever your loved one keeps other important papers (safe deposit box, home lock box, file cabinet, etc.)
  5. Make Funeral and Service Arrangements
    Again, this is an area other family members can assist in doing. Be sure to see if there are any prepaid arrangements.
  6. Arrange for the Care Of Your Loved One’s Dependents and Pets (If Any)
    In addition to arrangements for your loved one’s dependents, an area often overlooked is the arrangement of care for any of your loved one’s pets.
  7. Secure Your Loved One’s Home & Valuable Possessions
    Unfortunately criminals target homes of people who have passed. It is important to notify the police department of the vacant home as well as request an extra patrol during the funeral. You may want to consider removing any valuables from a vacant home or installing a security system.
  8. Call Your Loved One’s Insurance Company
    You will need to call your loved one’s insurance company and notify them of his/her passing. You also want to ask if any changes need to be made to your loved one’s automobile insurance, homeowners’ insurance, renters’ insurance, disability insurance, umbrella insurance, etc. Since the owner has passed, a different type of policy or rider may be needed. Be sure not to leave real estate or vehicles uninsured.
  9. Make Arrangements for Mail
    You will need to make arrangements for receiving your loved one’s mail or put in a forwarding address notice with the post office so the mail comes to you.
  10. Schedule A Meeting with An Estate Planning Attorney
    You will want to meet with an experienced estate planning attorney to learn the many other steps you will need to take in managing your loved one’s estate and affairs. Call our office to learn the next steps and ensure nothing is left to chance.


Estate planning and probate attorney Christopher P. Cox has more than 30 years of experience and has helped countless numbers of people with all aspects of estate planning, probate and trust administration. A free consultation is available and provides a great opportunity to learn how the law applies to your specific situation.

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10 Things After Someone Dies

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Do I Need an Attorney for Probate https://attorneycox.com/do-i-need-an-attorney-for-probate/ Sun, 18 Jun 2023 22:17:43 +0000 https://attorneycox.com/?p=495 One of the most common questions regarding Probate in Missouri is: "Do I Need any Attorney For Probate?" Short answer is yes - here is what you need to know.

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Do I Need an Attorney for Probate

The short answer is yes, an attorney is needed for a probate matter in Missouri. Missouri law demands the Personal Representative, also known as an executor, be represented by an attorney when taking the deceased’s estate through Probate Court. The reasoning is quite simple if you think about it. It is not possible to represent one’s self (pro se) in probate court as that person is deceased. There are some practical matters why requiring an attorney for probate in Missouri makes sense.

Cost
The most common reason a family member wants to avoid using an attorney in a probate estate is to save money. Attorney Christopher P. Cox will communicate his fee scheduled to you up front so you know the costs involved. Keep in mind that getting advice from an experienced probate attorney can often save an estate money by avoiding costly mistakes made by non-attorneys, especially tax and real estate matters.

Complexity
Opening, administering and closing an estate in probate is a complex process. Knowledge of the law is needed to ensure all aspects of the estate are handled properly. This can cover a number of different areas such as locating assets, deadlines, real estate, retirement accounts, bank accounts, vehicles, tax filings on the estate’s behalf and more.

Fiduciary Duty
A personal representative (executor) has a fiduciary duty to “persons interested in the estate”. A personal representative could be held personally liable for any errors. As just discussed, a probate estate is a complex matter.

Time
You may be getting the sense this will take a lot of time…it does. In fact, most people do not have the time to dedicate toward administering an estate in probate court, especially since the entire process would be new. Additionally, trying to navigate probate during the emotional hardship that follows a loved one’s death can make it even more challenging.

Probate attorney Christopher P. Cox has more than 30 years of experience and has helped countless numbers of people with all aspects of estate planning, probate and trust administration. A free consultation is available and provides a great opportunity to learn how the law applies to your specific situation.

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Avoiding Probate Court: POD vs Trust https://attorneycox.com/avoiding-probate-court-pod-vs-trust/ Thu, 15 Jun 2023 21:08:17 +0000 https://attorneycox.com/?p=460 While Pay On Death (POD) has some advantages, it may not be the best. Avoiding probate court is possible with the proper estate plan.

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Avoiding Probate Court: POD vs Trust

Missouri law allows you to put POD (payable on death) and TOD (transfer on death) designations on most assets. A POD/TOD designation is something you set up on each asset or account through the financial institution where it’s held (e.g., it’s set up with the bank or brokerage house, etc.) It allows you to designate who will receive that asset upon your passing. That asset will then avoid Probate Court and automatically go to the designation person upon your death.

Our office is often asked by our clients if they need a Trust or whether they can get by with just putting POD designations on their assets. While PODs may sometimes suffice for simple estates and distributions, a Trust is highly preferred as POD designations have some serious disadvantages and limitations when compared to using a Trust:

  1. Children under 18 should not be named as a POD beneficiary – – that asset will end up going through a complicated Probate process called a Conservatorship. In a Trust, you can always provide that your assets will be used for the care of children without actually putting it in their hands until a designated age.
  2. In a POD, payments to beneficiaries cannot be stretched out over time like a Trust (e.g., 1/3 at age 25, 1/3 at age 30, 1/3 at age 35, etc.)
  3. It is difficult in a POD to split up the account in varying percentages to multiple people. That can easily be accomplished through a Trust.
  4. Some financial institutions will not even allow you to name more than one beneficiary on your POD designation. With a Trust, you can name as many beneficiaries as you like.
  5. If the person you’ve named as a POD predeceases you, that account may end up going through Probate Court and/or going to individuals that you did not intend.  A Trust will always provide for a backup distribution plan if a named beneficiary predeceases you.
  6. A Trust always provides for the management of your assets in the event you’re incapacitated and unable to handle your affairs while a POD does not.
  7. A Trust can be used to protect your assets in the event a beneficiary is suffering from addiction issues and usually allows the Trustee to temporarily hold back that money until those issues are overcome. A POD designation will automatically put that money in that person’s hands regardless of that addiction.
  8. A Trust can be used to provide for a beneficiary who may be going through a divorce, bankruptcy or lawsuit and to preserve and protect that money for them. A POD designation could put that money in their hands in the middle of that divorce, bankruptcy or lawsuit, thus putting that money in jeopardy of being seized by creditors or an ex-spouse.

People often lose track of their POD designations as they have to be made at each institution where an asset is held. With a Trust, all assets are simply titled in the name of your Trust – – it’s much easier to keep track of.

A Trust has much greater flexibility and advantages over a simple POD designation. While a POD/TOD may work for very simple situations, a Trust is the clear winner to manage, protect and distribute your assets to your loved ones.

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Small Estates Can Be Expedited Through Probate https://attorneycox.com/small-estates-can-be-expedited-through-probate/ Thu, 15 Jun 2023 18:06:03 +0000 https://attorneycox.com/?p=384 Learn how small estates can be expedited through probate in Missouri and what to expect in the process.

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Small Estates Can Be Expedited Through Probate

If your loved one’s assets are valued at $40,000.00 or under (after you back off liens, mortgages and expenses), those assets can be transferred through Probate Court via an expedited procedure commonly called a “Small Estate.” In that instance, an interested party completes an Affidavit for Collection of Small Estate, lists the assets, beneficiaries or heirs, and describes the property in detail along with copies of supporting documents. Those documents are filed in Probate Court.

A Probate Bond may also need to be obtained and filed. Thereafter, the Court will review the filing and issue a formal Probate Court Certificate allowing you to transfer those assets to the individuals you’ve designated in the Affidavit. A hearing or Court appearance is not required – – it is purely a paper procedure that is reviewed by the Court. This process usually takes anywhere from 1-3 months compared to the 6-12+ months that the regular Probate process takes. This Small Estate procedure can be commenced at any time 30 or more days after the date of death, is valid whether or not the individual had a Will, and can be used for all types of assets including personal property, bank accounts and even real estate. Full blown probate estates must be commenced within one year of death, but this Small Estate procedure is not subject to that deadline. It can be commenced years after death to distribute property (again, provided that its total value does not exceed $40,000.00.)

This procedure should almost always be chosen over the regular probate process as long as the estate meets the threshold amount. It is faster, less expensive, less of a burden on the beneficiaries, and just all-around easier for everyone. Unfortunately, this is not a process that the Court will let you do on your own. You must have an attorney represent you and file the necessary documents on your behalf. Our office has handled countless numbers of Small Estates and would be glad to answer any questions that you may have.

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Probate for Small Estates

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