Create a Living Trust in Missouri

A living trust can help you avoid the expensive and time consuming probate process. Find out more about living trusts in Missouri and how they can help you protect your property.

Find out more about Living Trusts

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create a living trust in missouri

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Updated on: February 6, 2024
Read time: 4 min

If you’re considering estate planning options, a Missouri living trust can offer you flexibility and control while providing peace of mind. A revocable living trust lets you keep your assets while they remain in trust.

Living trusts in Missouri

A living trust in Missouri, also called an inter vivos trust, is set up by the settlor, the person who owns the assets going into trust. When you create a living trust, you need to choose a trustee who will manage the assets in the trust for your benefit while you are alive. You can select anyone for the trustee, but the most common thing to do is name yourself, so you remain in complete control. Most people try to place as many assets into the trust as possible to reap the most benefits. Some assets, such as retirement accounts cannot be transferred. You can alter, change, or eliminate the revocable living trust at any point during your life and move assets in and out of it at will. This is different from an irrevocable trust which becomes permanent upon signing.

If you select yourself as trustee, you will also need to name a successor trustee who will step in after your death. At this point, he or she will continue to manage the trust and will distribute the assets to your beneficiaries according to the terms of your trust.

One of the primary benefits of a trust is that it does not have to go through probate and allows the distributions under the trust to happen immediately upon your death if that is your wish. Probate is a court procedure in which a will is proven and then put into effect. It can take many months and involves the cost of an attorney, executor, and court fees. Missouri does not use the Uniform Probate Code, so its probate process is not simplified. However, if your estate is worth less than $40,000 it will qualify for a small estate procedure which is faster and less expensive than regular probate and is less costly than a trust. A living trust is also useful when you own property in more than one state, allowing you to avoid multiple probate procedures.

Do I need a living trust in Missouri?

A living trust in Missouri offers you and your family privacy since the trust never becomes public record and does not require any court proceeding. The assets you place in the trust, the names of your beneficiaries, and the terms of the distribution remain out of the public eye. No one need know your family’s private business. Additionally, trusts are harder to contest, meaning that your wishes are protected.

Creating a living trust in Missouri allows you to maintain maximum control over your assets both during your lifetime and after you die. During your life, you use and control your assets with little change. You live in your home, spend your money, and can sell or give away assets whenever you wish. After your death, the trustee continues to manage your assets and protect the legacy you have created. The trustee distributes your assets according to the terms you have set up in your trust. You can distribute your assets to your beneficiaries at the occasions and dates that you choose and until those milestones, the trust remains intact. If you use a will to pass your assets, they are distributed once probate concludes, and you have no control from that point forward.

A revocable living trust protects you should you become mentally incapacitated. All of your assets are already controlled, owned, and managed by the trust and a conservatorship proceeding is likely unnecessary. Your financial life is protected by the trust.

Living trusts and estate taxes in Missouri

Estate taxes cannot be avoided through the use of a revocable living trust in most situations. There is no estate tax in Missouri, but the federal government applies an estate tax to estates valued over $5 million. Estate tax can be avoided with the use of carefully crafted specialized trusts known as QTIP, AB, or marital trusts, which pass assets from the deceased spouse to the surviving spouse. Living trusts provide no protection from Medicaid spend down and do not conceal assets from creditors.

How to create a living trust in Missouri

To create a living trust in Missouri, you put the terms of the trust into a trust agreement which you then sign in front of a notary public. The final step is to fund the trust, transfer ownership of assets into the name of the trust. A revocable living trust can offer you flexibility, control, and privacy. Its benefits may offer important protections for you.

If you're ready to create a living trust in Missouri, LegalZoom can help. Start by filling out a simple questionnaire. We will review your answers and mail your complete living trust package to you.

Find out more about Living TrustsStart Now
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

49 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
51 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
57 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
65 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
67 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
73 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
81 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
81 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
88 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
91 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
99 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
99 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
108 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
126 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
134 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
143 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
149 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
149 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
156 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
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