Riley BrazasRiley Brazas2026-10-07T17:47:18Zhttps://www.rileybrazas.law/feed/atom/WordPress/wp-content/uploads/sites/1605212/2025/09/cropped-favicon-32x32.jpgOn Behalf of Riley Brazas<![CDATA[Can divorce undo a trust you already created?]]>https://www.rileybrazas.law/?p=483092026-10-07T17:47:18Z2026-10-07T17:47:18ZDivorce changes your former spouse's role
Under Missouri law, a final divorce generally revokes trust terms that benefit your former spouse. It also cancels any appointment of that person as trustee or in another fiduciary role. Several exceptions apply, including when the trust expressly states that dissolution of the marriage will not affect the designation, or when a court order, binding contract or settlement agreement preserves it.
The trust then operates as though your former spouse had died immediately before the divorce became final. What happens next depends on its remaining terms, including any provisions naming successor beneficiaries or trustees.
Trust type affects later changes
If you created a revocable trust, you generally retain the power to amend or revoke it during your lifetime. An irrevocable trust works differently because you do not have the same power to rewrite its terms on your own. Depending on the situation, modifying an irrevocable trust requires the beneficiaries' consent, court approval or both.
Once the divorce is final, Missouri law automatically revokes certain terms involving your former spouse, but it does not choose new beneficiaries or redirect property to match your goals. Holding an asset in a revocable trust also does not, by itself, determine whether it is marital or nonmarital property.
Trust revisions reflect your current wishes
You can review your trust once you separate, even though Missouri's automatic revocation does not take effect until the divorce is final. If the trust is revocable and you have the right to change it, an amendment changes specific terms, while a restatement updates the full document. Our attorney can help you decide which option can fit your current situation and where you can go from here.]]>On Behalf of Riley Brazas<![CDATA[Do you really need a will? What Missouri families should know]]>https://www.rileybrazas.law/?p=482672026-01-29T18:33:19Z2026-01-29T18:29:34ZThe financial risk of dying without a plan
When a person dies without a will, Missouri law treats the estate as "intestate." This legal status means state laws, rather than your personal preferences, determine who receives your home, savings and belongings. While some narrow legal exceptions exist for proven contracts, verbal promises generally carry no weight in this rigid process.
Without clear instructions, heirs may face family conflict and costly legal fees. Furthermore, while Missouri offers simplified "small estate" procedures for assets under $40,000, a full probate case typically lasts at least six months and often stretches beyond a year due to the mandatory six-month waiting period for creditor claims.
Protecting children and assets
For families with real estate or business interests, a plan is essential. Crucially, a will (or a formal standby guardianship document witnessed by two disinterested people) is the legal mechanism by which parents of minor children name a guardian. If you don't make this choice officially, a judge will decide who raises your kids.
Essential documents for every family
A complete estate planning strategy often requires more than just a single document. Most Missouri families benefit from an "estate bundle" that covers both death and unexpected illness. Consider including these four core items:
A durable power of attorney allows a trusted person to manage your finances if you are unable to do so.
A health care directive outlines your medical wishes and names a person to speak for you.
A revocable living trust helps many families keep assets out of public probate court.
Beneficiary designations ensure that life insurance and retirement account benefits go directly to the intended recipients.
Updating these designations ensures your funds go directly to your designated heirs without court intervention. These vital core documents work together to provide a safety net for your entire life, protecting your autonomy even if you become incapacitated.
Under Missouri’s 2025 Electronic Wills Act, many of these documents can now be signed and witnessed digitally via secure video conference.
Why rely on a lawyer instead of an online form?
While DIY forms are available, Missouri probate laws contain nuances that require a meticulous approach. Managing these complexities ensures you preserve your legacy exactly as you intended.
Working with a skilled estate planning lawyer avoids an impersonal cookie-cutter approach and provides the clarity and professional foresight necessary to secure your family’s long-term financial health.]]>