​Estate planning for “blended” families is particularly important and can present unique considerations. Often, spouses who marry each other later in life or after having their own children, bring with them unique assets and expectations. Goals and plans for what happens with their money and their property and how children are cared for and/or treated can vary widely between spouses. In order to implement a plan (or plans) that match the desires and expectations of each spouse, particular care and expertise are required. In some instances, separate trusts can be utilized to keep certain assets segregated and to be sure that the right property gets to the right heirs/beneficiaries. Furthermore, documents like power of attorney must be carefully considered and prepared in order to ensure the types of protections (and outcomes) that are important to each spouse. 

In order to accomplish its goals and purposes, a trust must be “funded”—meaning the trust must own the assets of the creator of the trust. It needs to have assets in it. Often, one of the largest assets is real estate.  This could simply be a personal residence but might also include other real estate such as rental property, a second home or even vacant land.  Real estate is transferred to the trust by executing a deed that is then recorded with the county (or St. Louis City) recorder of deeds.  There are times when this is most effectively accomplished by an immediate transfer by deed at the same time that the trust is signed.  Other times, a “beneficiary deed” is used to facilitate an automatic transfer upon death.  There are also occasions in which unique circumstances surrounding the property (such as shared ownership with another person) may require some varied approach.  Regardless of circumstances, we work with our clients to handle real estate transfers seamlessly as part of their estate planning.