Overview

Understanding the difference between a will and a trust can help individuals make more
informed estate planning decisions. Rather than relying on general advice or assumptions,
Missouri residents benefit from understanding how each tool works and what role it plays
in an overall plan.

What a Will Does in Missouri

A will is a legal document that outlines how certain assets should be distributed after
death and who should be responsible for handling the estate. A will can also name guardians
for minor children.

In Missouri, a will generally becomes effective only after death and must be validated
through the probate process. Probate is a court-supervised process that confirms the will,
authorizes someone to act on behalf of the estate, and oversees the distribution of assets.

While a will can be an appropriate planning tool in many situations, it does not avoid
probate and does not control every type of asset.

What a Trust Does in Missouri

A trust is a legal arrangement that can hold and manage assets during a person’s lifetime
and continue after death. When properly created and funded, a trust can provide instructions
for how assets are managed, when distributions occur, and who is responsible for administration.

Unlike a will, a trust can take effect during life and may allow certain assets to transfer
without going through probate. Trusts are often used to provide continuity, manage assets
over time, or address specific family or planning goals.

A trust is not a one-size-fits-all solution and requires proper setup and coordination to
function as intended.

Common Misunderstandings About Wills and Trusts

• “A will avoids probate.”
  
  In Missouri, a will typically goes through probate.
• “Trusts are only for wealthy families.”
  
  Trusts are often used for reasons unrelated to wealth, such as asset management or family structure.
• “You have to choose one or the other.”
  
  Many estate plans include both a will and a trust, each serving a different role.

Understanding what each document does — and does not do — can help prevent unrealistic
expectations.

Situations Where a Will May Be Sufficient

In some cases, a will may adequately address a person’s planning goals. This can include
situations where assets are straightforward, beneficiary designations are already in place,
and probate is not a major concern.

A will may also be appropriate when planning needs are limited or when other legal tools
are already coordinating asset transfers effectively.

Situations Where a Trust May Be Helpful

A trust may be helpful when someone wants to provide more structure around how and when
assets are managed or distributed, minimize probate involvement for certain assets, or
address more complex family or financial circumstances.

Trusts are commonly used in blended families, for long-term planning, or when individuals
want continuity in how assets are handled over time.

Why There Is No One-Size-Fits-All Answer

Whether a will, a trust, or a combination of both makes sense depends on individual goals,
family dynamics, asset types, and long-term considerations. Missouri law provides the
framework, but how that framework applies varies widely from one situation to another.

For this reason, estate planning is typically approached as a personalized process rather
than a checklist or template.

How LifeGen Law Group Approaches Planning

LifeGen Law Group works with individuals, families, and business owners throughout
Southwest Missouri to help them understand their planning options and how Missouri law
applies to their circumstances.

Rather than focusing on a single document, the planning process considers how wills,
trusts, beneficiary designations, and asset ownership work together. The goal is to
create clarity and coordination so the plan functions as intended when it is needed.

LifeGen Law Group takes an educational, goal-focused approach designed to help clients
make informed decisions based on their priorities.

Frequently Asked Questions

Do I need both a will and a trust?
In some cases, yes. In others, one document may play a larger role. The answer depends on
individual circumstances and goals.

Can a will or trust be changed later?
Most estate planning documents can be updated as circumstances change, as long as the
person creating them has the legal capacity to do so.

What if I already have a will or trust?
Reviewing existing documents periodically can help ensure they still reflect current goals,
family structure, and applicable law.

Which option is better in Missouri?
Neither option is universally better. Each serves a different purpose, and the right approach
depends on the individual situation.