Estate planning is one of the most important steps you can take to protect your family, preserve your assets, and ensure your wishes are carried out. However, many Missouri residents hesitate to begin the process because they are unsure what it will cost, how long it will take, or what working with an estate planning attorney actually involves. At Schleiffarth Law Firm LLC, we believe that creating an estate plan should be straightforward, transparent, and stress-free. With flat-fee pricing, free initial consultations, and personalized guidance, the firm works to make estate planning accessible and manageable for individuals and families. How Long Does It Take to Create an Estate Plan? For most clients, the estate planning process takes a few weeks. At Schleiffarth Law Firm, the process generally follows four steps. Step 1: Free Initial Consultation and Planning The process begins with a conversation about your family, assets, goals, and concerns. We explain the available planning options and recommend approaches suited to your unique circumstances. Step 2: Document Preparation Once you decide how to proceed, we gather the necessary information and Estate Planning Attorney Jim Schleiffarth prepares draft documents, which may include wills, trusts, powers of attorney, and healthcare directives. Step 3: Review and Revisions Next, clients receive drafts and have the opportunity to review them carefully. Questions and changes can be discussed in person, over the phone, through email, or during a Zoom meeting. These conversations and revisions during the initial planning process are included in the agreed-upon flat fee. No new fees. Step 4: Signing and Finalizing Documents Once the documents are finalized, clients typically would need to return to the office to sign them. In most cases witnesses and notarization will be required, which we provide within our office. The signing appointment often takes approximately 20 minutes, although additional time is availabltypically takes about 20 minutes, though we can provide additional time ife when needed. After signing, the firm completes applicable follow-up work, such as recording real estate deeds. In the end, clients receive an organized binder containing their original documents, a USB drive with electronic PDF copies, and instructions for any remaining steps. For trust-based plans, we also provide guidance on transferring applicable assets into the trust. Do Estate Planning Documents Expire? A common question is whether a will or trust needs to be renewed every few years. Generally, properly executed estate planning documents do not have an automatic expiration date. However, significant life changes may make updates necessary. Examples include marriage, divorce, the birth of a child, changes in family relationships, acquiring new assets, or wanting to designate different individuals to handle financial or healthcare decisions. Schleiffarth Law Firm offers free consultations for existing clients who want to review their estate planning documents, even years after their plan was created. If new documents or formal amendments are necessary, additional fees may apply. The firm strives to keep those fees reasonable, especially when updating an existing plan.

The cost of an estate plan depends on your circumstances, the documents you need, and the complexity of your assets. At Schleiffarth Law Firm, the most common estate planning fee is approximately $2,500. For a married couple, this fee typically covers a comprehensive estate plan that includes: A joint living trust Individual wills for each spouse General powers of attorney Healthcare powers of attorney Advance healthcare directives Assistance with transferring real estate into the trust Document preparation, revisions, and signing Guidance throughout the estate planning process Unlike attorneys who charge by the hour, Schleiffarth Law Firm uses fixed, flat-fee pricing. This means clients know the agreed-upon cost of their estate plan before moving forward. Clients can ask questions, review documents, request changes during preparation, and attend follow-up meetings without worrying about additional hourly charges. For simpler estate plans, fees may be lower. Some plans may be closer to $1,500, depending on the individual’s needs and the documents involved. More complex situations requiring specialized trusts or additional planning may cost more. The goal is to provide transparent pricing tailored to each client’s circumstances. Why Flat-Fee Estate Planning Matters One concern people have about hiring an attorney is the uncertainty of hourly billing. Will every question result in an additional charge? What happens if you need to review a document multiple times? Will requesting a meeting increase the final bill? With flat-fee estate planning, these concerns are reduced. Schleiffarth Law Firm’s approach encourages clients to ask questions and fully understand their documents without feeling pressured to limit conversations because of cost. For Jim Schleiffarth, the goal is not simply to prepare legal paperwork. It is to help clients make informed decisions and feel confident about the protections they have put in place. Is the Initial Estate Planning Consultation Free? Yes. Schleiffarth Law Firm offers a free initial estate planning consultation. During this meeting, Jim Schleiffarth takes time to understand your goals, answer your questions, and explore different estate planning options. You may discuss whether your situation calls for a will, a trust, powers of attorney, or a combination of documents. The consultation typically lasts around an hour, although the length may vary depending on your questions and circumstances. There is no obligation to proceed. If you decide not to move forward with an estate plan, you will not be charged for the initial consultation.

If you’ve started thinking about estate planning, you’ve probably asked yourself: Do I need a trust? Or maybe you’re wondering what a trust actually does and how it’s different from a will. These are some of the most common questions we hear from clients. While there isn’t one estate plan that works for everyone, a revocable living trust can be a valuable tool for making your wishes clear and creating a simpler roadmap for your family. One of the biggest benefits of a trust is the ability to avoid probate for assets that have been properly placed into it. A revocable living trust is created during your lifetime, and you generally remain free to change, amend, or even revoke it as your circumstances change. When assets are properly held in the trust, they can pass according to the trust’s instructions without going through the probate process. For many families, that can make administering an estate more straightforward after a loved one passes away. A trust can also give you more control over how and when your beneficiaries receive their inheritance. This can be especially important if you have young children. Instead of leaving assets directly to a child, you can name a trustee to manage those assets according to the instructions you’ve established. But this isn’t limited to minor children. Maybe you have a 23-year-old child who isn’t quite ready to receive a large inheritance all at once, or another beneficiary whose circumstances make additional structure helpful. A trust allows you to build those considerations directly into your estate plan. There’s also a great deal of flexibility in how a trust can be structured. Married couples may choose to create a joint trust, while an individual can establish a trust on their own. In some circumstances, spouses may have separate trusts or use an individual trust alongside a joint trust. Trusts can even be structured to accomplish certain charitable goals over time. The right approach depends on your assets, your family, and what you ultimately want your estate plan to accomplish. At the end of the day, estate planning should make things easier for the people you love, not more complicated. The goal is to create a plan that is simple, efficient, thorough, and clear about your wishes. A trust isn’t the right answer for every person or every family, but for many people, it can provide greater control, flexibility, and peace of mind while creating a clear roadmap for a spouse, children, or other loved ones in the future.

One of the first questions I hear from estate planning clients is: What exactly is probate and how can I avoid it? Probate is the court-supervised process used to transfer certain assets after someone dies. For example, if property (house, care, bank account, LLC interest, etc.) is titled solely in your name when you pass away, it does not automatically become your children's or spouse's property simply because that is what you wanted or even because your Will directs that. The property may need to go through probate before it can legally pass to someone else. One important clarification is that having a Will does not avoid probate. A Will allows you to state who should receive your property and provides important instructions for your estate, but assets governed by the Will need to still pass through the probate process. If someone dies without a Will, Missouri's intestate succession laws determine who receives probate property. Either way, probate can involve months of administration, attorney and personal representative fees, court costs, and a public court proceeding. That's why avoiding unnecessary probate is often an important goal when creating an estate plan. Fortunately, avoiding probate doesn't necessarily require an overly complicated estate plan. One of the most useful tools is a Trust. When assets are properly transferred into and held by a Trust rather than remaining solely in an individual's name, those assets generally do not need to go through probate at that person's death. Beneficiary arrangements such as transfer-on-death (TOD) and payable-on-death (POD) designations can also allow certain assets to pass directly to named beneficiaries. Depending on the circumstances, an estate plan may use a trust, beneficiary designations, other planning tools, or a combination of them. The key is not simply choosing a document because you've heard that everyone needs one. Estate planning should begin with your goals. Who do you want to receive your property? How can the process be made easier for your family? How can unnecessary time, expense, and administrative headaches be reduced? Every person and family is different, which is why the right strategy depends on the assets you own and what you ultimately want your plan to accomplish. At Schleiffarth Law Firm, the goal is to create an estate plan that is thorough, accurate, and as efficient as possible. For many clients, avoiding probate is a major part of that conversation. With thoughtful planning, it may be possible to keep assets out of the after-death court process and provide your family with a clearer, simpler path forward. Estate planning doesn't always have to be complicated—the important part is putting the right plan in place before it's needed.

Certain assets can be held as “joint” property whether between spouses or other individuals. Sometimes, in Missouri, when one of the joint-owners dies, the property may be transferred, in whole, automatically to the surviving owner—without going through probate. However , the manner in which joint ownership is set up will determine whether this is indeed the case. Accordingly, in some scenarios, jointly-held assets can indeed end up going through probate. In particular, if not set up carefully, the deceased owner’s portion could indeed be part of their probate estate. Additionally, if all joint-owners die, with no additional joint-owner, then the property would likely become subject to probate with all other property. The use of joint accounts can make a lot of sense and be a valuable tool for some types of assets, especially between spouses, but every situation is unique and merits careful consideration. Comprehensive estate planning, utilizing all available planning tools, will always result in the best, simplest and most desirable outcomes.

As a general rule, all property owned by a decedent at his/her time of death is part of the “probate estate.” This means that (unless some prior planning has occurred), in order to be legally transferred to a new owner, property must be administered through the court. This includes all of the following items: 1.  All property transferred by a valid will (please note: simply having a will does not avoid probate) 2.  All property not indicated in a will (unless in a trust or otherwise controlled by a non-probate transfer)  3.  All proceeds from accounts or insurance policies transferred to “the estate of” or to    beneficiaries that have died prior to the decedent 4.  All types of property (real estate, bank accounts, personal tangible property, stock, investments, etc., etc.) (unless in a trust or otherwise controlled by a non-probate transfer) Good estate planning can avoid probate!  When we work with families and individuals, one common central goal is to avoid probate while creating a simplified and smooth process for transferring property upon death. This can be accomplished thoroughly with the use of a trust or by other tools such as non-probate transfers.  Avoiding probate is often a central purpose in creating an estate plan.

When creating a trust, the selection of trustees is of paramount importance. Typically, the creator of the trust would declare himself or herself as the initial trustee—to serve as such as long as he/she is alive and mentally competent.  For a joint spousal trust, this would generally entail having joint trustees (the spouses).  Trustee selection becomes more central when determining who to name as “successor” trustee—in other words, who will serve as trustee after the creator dies (or becomes mentally incompetent). The successor trustee will fulfill two general duties: (1) manage trust assets prior to distribution (investment, etc.) and (2) make trust distributions within the parameters established within the trust document.  When counseling clients regarding selection of a  successor  trustee, I generally emphasize the important characteristics of (i) financial acumen, (ii) trustworthiness, (iii) communication skills and (iv) a commitment to understanding and carrying out the client’s wishes. Often, a close family member is well situated to serve as a successor trustee.  Other times, a friend or professional colleague is best suited for this role. We also frequently consider the possibility of an institutional trustee (bank, lawyer, trust company, etc.). For most clients, an institutional trustee is not ideal due to the related fees—but there are situations where this is preferred.  Every situation and every client is different, so there is truly no one-size-fits-all answer to trustee selection.

When making decisions about estate planning, nearly everyone has at least one common question: What will it cost?  While my primary focus is always on getting the best outcomes for my clients and creating the best and most straight-forward plan for them, I am also very aware of the pressing concern of price. When I began practicing many years ago, I quickly learned that my clients were looking for the best advice and best guidance they could get—but also at a reasonable price. From the very beginning of my practice, I became committed to excellent service at reasonable rates.   Someone may be able to go online and create a cookie-cutter trust document—that may or may not suit their needs and may or may not be legally valid.  Sometimes these are really low cost—perhaps only a few hundred dollars.  Often these are also really low quality (or worse!).  Some attorneys also offer very low cost “estate planning.”  Unfortunately, this also frequently correlates to attorney inexperience and/or to very low quality planning.  “Will an online trust meet my needs?” I am sometimes asked.  It “might”—but it probably will not.  I charge only flat fees for estate planning.  That means free initial consultation, no additional charge for subsequent meetings and/or drafts of documents and one unchanging fee that is clear from the beginning of my service.  I regularly provide a straightforward fee schedule to other professionals and to potential clients.   I generally charge $2,000 to prepare a full gamut of estate planning documents (Will, trust, general power of attorney, healthcare power of attorney, advance health directive, related real estate deeds). In some instances, needs exceed these more basic documents and when more complex planning is needed (perhaps an irrevocable trust, a special needs trust or multiple trusts), fees can increase marginally.  Similarly, in the event I am preparing something less than all of these documents, my fees would be reduced accordingly.  We focus on excellent service, experienced guidance and reasonable fees.  I’ve found these standards to be the right way to serve my clients.

When creating a trust, the selection of a trustee is of paramount importance. Typically, the creator of the trust would declare himself or herself as the initial trustee—to serve as such as long as he/she is alive and mentally competent.  For a joint spousal trust, this would generally entail having joint trustees (the spouses).  Trustee selection becomes more central when determining who to name as “successor” trustee—in other words, who will serve as trustee after  the creator dies (or becomes mentally incompetent). The successor trustee will fulfill two general duties: (1) manage trust assets prior to distribution (investment, etc.) and (2) make trust distributions within the parameters established within the trust document. When counseling clients regarding selection of a successor trustee, I generally emphasize the important characteristics of (i) financial acumen, (ii) trustworthiness, (iii) communication skills and (iv) a commitment to understanding and carrying out the client’s wishes. Often, a close family member is well situated to serve as a successor trustee.  Other times, a friend or professional colleague is best suited for this role. We also frequently consider the possibility of an institutional trustee (bank, lawyer, trust company, etc.). For most clients, an institutional trustee is not ideal due to the related fees—but there are situations where this is preferred.  Every situation and every client is different, so there is truly no one-size-fits-all answer to trustee selection.

What is a Trust? A trust is established when property of some sort (an account, a home, some personal property, any property) is transferred to an individual “in trust” for the benefit of some other individual, group of individuals or organization.  A trust can hold title to very little property or millions of dollars of property.  Trusts can be established during your life, at your death or after your death.  Trusts can be established to benefit you, your family, your descendants, a social or religious organization or any myriad of individuals, companies or organizations.  Put simply, a trust is a vehicle by which one person holds property for the benefit of another person. General Benefits of a Trust:  A discussion of the benefits of a trust merits a lengthy and entirely separate article.  However, there is some value to understanding a few of the various reasons why someone would want or need to establish a trust.  These benefits are entirely dependent on the details of individual circumstances. (a) avoidance of the cumbersome (and expensive) probate process (b) avoidance or reduction in gift and estate taxes (so called “death taxes”) (c) providing for children and other descendants in an organized and prepared manner (d) increased control over property upon death (e) creation of incentives for behavior and accomplishment among descendants (f) increased flexibility regarding planning for incapacity and death (g) creation of on-going funding for charitable or religious organizations (h) potential reduction in tax burden on life insurance proceeds (i) privacy in financial and personal affairs regarding distribution of property Do I Need a Trust? Trusts are for more than just ultra-wealthy individuals.  While not everyone may need or want a trust as part of their estate plan, the following circumstances may indicate a need to more seriously consider the option of establishing some  form of trust: (a) your need or desire to avoid the probate process (b) your need or desire privacy in property distribution (trusts are not  public record) (c) you want to establish on-going funding for your family or a charitable organization (d) you have significant net worth (e) you want to retain some control over the money and property you pass on

WHAT DOES IT DO?:  A power of attorney over health care decisions grants a named individual (often a spouse or other family member or close friend) the authority to make certain healthcare-related decisions on your behalf.  Typically, this document would grant authority to a spouse or close friend or family member to make decisions for you in the event you are not in a physical or mental state to be able to do so.  As in the case of other powers of attorney, the authority you grant to someone else can and should be limited in its scope pursuant to your wishes and preferences.  In its own fashion, this document can also help spell out the sorts of treatments you desire while adding some clarity to the question of those which you do not desire.  It should be noted that a power of attorney over health care decisions is an entirely separate document from a healthcare directive, in both form and function.   WHAT HAPPENS IF I DON’T GET ONE?: Powers of attorney for health care decisions are about your ability to have health care decisions made effectively, conveniently and quickly in the event of your physical or mental incapacity.  Without a power of attorney, if you face an event in which you are unable to make or communicate your own healthcare-related decisions, these decisions would be made by someone, likely a healthcare professional who is unaware of your desires and/or preferences.  Furthermore, someone could seek this authority through a court process, but this obviously fails to address the timeliness concerns and again opens the door to dispute and potential litigation.  WHY HIRE A LAWYER?:  Powers of attorney are most appropriately prepared by an experienced attorney.  As is the case with other powers of attorney, variances of circumstances require expertise and an understanding of what you want to happen in these scenarios.  Furthermore, this document should be prepared in such a way to complement (and not contradict or confuse) your health care directive (living will).  While attorney fees for the preparation of powers of attorney over health care decisions usually turn out quite reasonable, the Missouri Bar does provide some satisfactory forms (see www.mobar.org ) that can be used if an attorney is unavailable or otherwise not preferred.

Whether starting a new business or operating a long-standing company, one of an LLC’s most important steps will be to formulate a meaningful and complete operating agreement.   An Operating Agreement will determine various components of the company’s operation and define and detail the relationship among the members of the company.  The following represent several key considerations and provisions in an LLC’s Operating Agreement: 1.  Membership Interests.  In order to clarify ownership matters, an LLC Operating Agreement should specify the percentage ownership interest of each member of the company, together with the amount of their initial capital contribution.  Furthermore, the agreement should contain specific rights and restrictions with respect to the redemption of members’ interest by the company, the admission of new members to the LLC and the voluntary withdrawal of members from the company.  Many of these matters are critical to the company’s long-term growth and are best determined from the outset.  2.  Restrictions of Transferability of Membership Interests. A well-drafted Operating Agreement will place some clear restrictions on the transfer of members’ ownership interests.  Similarly, certain types of transfers may be specifically permitted without requiring any type of member vote or approval (transfers among existing members, transfers to the company, transfers to a member’s trust, etc.) Transfer restrictions or absolute prohibitions often include restrictions on transfers to outside parties without majority approval and prohibitions on transfers to creditors.  Furthermore, certain provisions can be included to protect the company in the event of a member’s bankruptcy, divorce or death.  3.  Manager-Managed vs. Member-Managed. In conjunction with the LLC’s Articles of Organization the Operating Agreement, should indicate who is authorized to make the day-to-day decisions of the company.  Typically, this would be either a designated “Manager” or one or more of the members of the LLC, called a “Managing Member.”  Additionally, the duties and obligations of the manager or managing member(s) should be clearly described in the Operating Agreement, including such matters as their potential liability, the company’s indemnification of such member/manager and whether they are compensated for their work. 4.  Additional Capital Contributions. As mentioned above, the Operating Agreement should delineate the specific capital contribution of each of the members.  Additionally, an operating agreement should clarify if and when additional contributions will be required and whether majority or unanimous consent will be necessary to require such additional capital contributions.  5.  Membership Voting. An Operating Agreement should clearly define how membership votes are calculated, who has voting rights and what sort of approval (majority, super-majority, unanimous) is required for certain decisions or actions of the company.