Do I Need an Estate Planning Attorney in Kansas or Missouri?
Many people begin their estate planning journey with a simple question: Do I really need an estate planning attorney, or can I handle this myself?
With the rise of online legal templates and DIY estate planning platforms, it’s tempting to think estate planning is a one-and-done task you can complete in an afternoon. For some people, these tools may provide a starting point. But for many families in Kansas and Missouri, estate planning is far more than filling in blanks on a form.
The truth is this: estate planning is not just about documents, it’s about outcomes. And the biggest risk with a DIY estate plan is not what you know it’s what you don’t know.
The Appeal (and Limits) of DIY Estate Planning
DIY estate planning tools are popular for a reason. They are affordable, convenient, and easy to access. For individuals with very simple situations—limited assets, no children, no blended family, and no long-term planning goals an online template may appear to “check the box.”
But most people don’t live in black-and-white circumstances.
Online estate planning tools are, by design, generic. They must work for everyone, which means they are customized for no one. They typically assume:
- A straightforward family structure
- Assets that remain static over time
- No tax, Medicaid, creditor, or beneficiary complications
- No future changes in health, finances, or relationships
For more on the differences between wills and trusts, check out this helpful Nolo article.
Life, of course, rarely works that way.
Estate planning is about anticipating what could happen, not just what is happening today. That’s where professional guidance matters.
“You Don’t Know What You Don’t Know”
One of the most common pitfalls of DIY estate planning is that people don’t realize what issues they’ve missed until it’s too late often after death or incapacity, when loved ones are left dealing with unintended consequences.
Estate planning attorneys spend years learning how laws intersect:
- Probate rules
- Tax law
- Retirement account regulations
- Medicaid and long-term care planning
- Property titling and beneficiary designations
These areas don’t operate in isolation. A decision that makes sense from one perspective can create serious problems from another.
Learn more about the difference between probate and non-probate assets.
A thoughtfully prepared estate plan is not just a set of documents. It is the result of careful conversations, experience, and planning tailored to your specific goals and risks.
Why State Law Matters in Kansas and Missouri
Estate planning is governed primarily by state law, and Kansas and Missouri have important differences when it comes to:
- Probate
- Creditor rights
- Homestead protections
- Trust administration
For example:
- Probate procedures and timelines differ between Kansas and Missouri
- Property ownership rules affect how assets pass at death
- Tax consequences depend on both federal and state law
- Medicaid rules and planning strategies vary by state
An estate plan that works in one state may fail or partially fail in another. Online templates often do not account for these distinctions, even though they can have real financial consequences for your family.
Estate Planning Is About Coordination, Not Just Documents
A common misconception is that estate planning is simply about writing a will or naming beneficiaries. In reality, effective estate planning is about coordination.
Your plan must account for:
- How assets are titled
- Who is named as beneficiary on retirement accounts and life insurance
- Whether assets receive a step-up in tax basis
- How distributions are made to children or other beneficiaries
- What happens if a beneficiary predeceases you or is financially vulnerable
When these elements are not coordinated, the plan may technically “work,” but not in the way you intended.
Case Study: Albert, Beth, and Carl
Albert is a widower living in Kansas. He has two adult children: Beth and Carl. Albert wants to keep things simple and avoid probate if possible. He also wants to be “fair” to both children.
At the time Albert begins planning:
- His home is worth $400,000
- His retirement account is worth $400,000
To accomplish his goals, Albert takes the following steps:
- He deeds his house to his daughter Beth during his lifetime
- He names his son Carl as the beneficiary of his retirement account
On paper, this looks equal. Beth gets the house. Carl gets the retirement account. Both assets appear to be worth the same.
Unfortunately, the results are not nearly as balanced as Albert expected.
The House: Gifting During Life vs. Transferring at Death
By deeding the house to Beth during his lifetime, Albert has made a gift. While this may avoid probate, it triggers significant tax consequences that Albert likely did not anticipate.
If Beth later sells the home for $400,000, she may owe capital gains tax on $300,000 of appreciation.
Now consider the alternative:
If Albert had kept the house in his name and transferred it to Beth at his death, she would receive a step-up in basis, significantly reducing or eliminating capital gains tax.
The Retirement Account: What Carl Really Inherits
Albert also names Carl as the beneficiary of his retirement account. Retirement accounts:
- Do not receive a step-up in basis
- Distributions are generally taxable as income
- Are now subject to 10-year withdrawal rules under the SECURE Act
External Resource: Understanding the SECURE Act
By the time Albert passes away, the account is only worth $180,000, and Carl must pay income tax on withdrawals.
The Bigger Picture
Albert did not do anything unusual. In fact, his decisions are extremely common among DIY estate planners.
The problem wasn’t his intentions it was the lack of coordination and foresight.
This is the difference between document preparation and real estate planning.
The Value of Professional Guidance
Working with an estate planning attorney in Kansas or Missouri is not about complexity for complexity’s sake. It’s about:
- Identifying risks you may not see
- Understanding how today’s decisions affect tomorrow’s outcomes
- Creating flexibility as life and finances change
- Protecting your family from unnecessary taxes, delays, and conflict
So, Do You Need an Estate Planning Attorney?
You can create an estate plan on your own.
The better question is:
Can you afford the consequences if something is missed?
For many individuals and families, especially those with:
- Real estate
- Retirement accounts
- Children or blended families
- Long-term care concerns
- A desire for fairness and clarity
Professional estate planning is not an expense; it’s an investment in certainty.
Because in estate planning, the biggest mistakes are often invisible until it’s too late.
And by then, your loved ones are the ones left to deal with them.