Estate & Special Needs Planning Attorney in Kansas City, Missouri

Planning for your future and your family’s well-being is essential. Estate and special needs planning serves as the foundation for protecting your legacy and assets, and for meeting the unique needs of loved ones with disabilities. For residents of Kansas City, whether on the Missouri side or the Kansas side, understanding the tools and laws specific to each state is crucial for making informed decisions.

Fortunately, our attorney at KC Estate & Special Needs Planning is ready to advise you of your options with the knowledge and experience to do so. Together, we will craft a plan that meets your and your family's needs. Schedule a consultation today to learn more.

The Basics of Estate & Special Needs Planning

Estate planning involves creating a comprehensive strategy to distribute your assets, minimize taxes, and avoid probate after your passing. It makes sure that your hard-earned wealth provides for your loved ones' needs in the way you choose.

Special needs planning, on the other hand, is tailored to provide financial security and care for individuals with disabilities. This type of planning makes sure that your loved one’s eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid, is not jeopardized while still allowing them access to additional resources for their comfort and well-being.

Our Estate Planning Services

At KC Estate & Special Needs Planning, we offer comprehensive services to help you plan for your loved ones. Some of our most prominent services include the following.

Wills

A will is a legal document that outlines how your assets will be distributed upon your death. Both Missouri and Kansas recognize the validity of written wills, but have distinct requirements for their creation.

• Missouri: A will must be signed by the individual creating it (the testator) in the presence of at least two witnesses. Oral wills are generally not permitted except under very specific circumstances.

• Kansas: Kansas also requires two witnesses for a valid will, and the testator must be at least 18 years old and of sound mind.

Missouri and Kansas laws differ slightly in their approach to estate planning, though they share standard tools individuals can use to secure their assets and protect their families.

Trusts

Trusts are valuable tools for avoiding probate and maintaining privacy in asset distribution. They can vary widely in purpose, including living trusts, revocable trusts, and irrevocable trusts.

• Missouri's rule against perpetuity: Missouri law follows a more traditional rule, meaning trusts often cannot last longer than 21 years beyond the death of a specified individual.

• Kansas Uniform Trust Code: Kansas permits greater flexibility in creating and modifying trusts, governed by its Uniform Trust Code.

Speak with a strategic attorney at our firm to analyze your options and to pick the right choice for you and your family. Schedule a consultation to learn more.

Powers of Attorney

This document allows you to designate someone to make financial or healthcare decisions on your behalf if you become incapacitated. Missouri and Kansas share similar guidelines for establishing both durable (financial) and medical powers of attorney.

In both states, the document must be signed by the person granting the authority (the principal) and typically notarized or witnessed to be legally valid. The principal must be of sound mind when creating the document, and the powers granted should be clearly outlined. For medical powers of attorney, the chosen agent should follow the principal's healthcare preferences, as stated in the document or through prior discussions.

Advance Healthcare Directives

Advance healthcare directives, including living wills, allow you to express your healthcare preferences in case you are unable to communicate them. Both states recognize these documents to make sure your healthcare wishes are respected. These legal documents specify which medical treatments you would or would not want to sustain your life, such as mechanical ventilation or tube feeding.

They also provide clear guidance to your family and medical providers, reducing the burden of making difficult decisions during an emotional crisis. By documenting your choices ahead of time, you maintain control over your care even if you become incapacitated.

Probate Process

Trusts are a common way to avoid probate, but it’s important to understand how probate works, as rules vary by state. Here’s a quick overview:

• Missouri: For smaller estates valued under $40,000, Missouri offers a simplified probate process called a "small estate affidavit." This allows heirs to claim assets without going through a lengthy court process, saving time and expenses.

• Kansas: Similar to Missouri, Kansas provides a simplified probate process for estates under a certain value. Through a streamlined procedure, assets can be quickly transferred to heirs, ensuring a faster resolution for smaller estates.

Understanding these options can help with estate planning and create a smoother transition for heirs. If you are looking to set up or amend an estate plan, reach out to us at KC Estate & Special Needs Planning today.

Our Special Needs Planning Services

If your loved one has special needs, standard estate planning tools alone may not be sufficient. Special needs planning can support your loved one's long-term care without disqualifying them from essential government programs. Some of the primary services we offer for special needs planning include:

1. Special needs trusts: A special needs trust (SNT) is specifically designed to hold assets for a person with a disability without affecting their eligibility for benefits like Medicaid or SSI. These trusts can pay for supplemental expenses such as therapy, education, and leisure activities.

2. ABLE accounts: Both Missouri and Kansas support ABLE accounts, which allow individuals with disabilities to save up to $17,000 annually without impacting their government benefits. These accounts are tax-advantaged and can be used for qualifying expenses like housing, education, and transportation.

3. Letter of intent: A letter of intent is not a legally binding document, but serves a critical role in laying out your wishes for your loved one with special needs. It provides guidance for future caregivers about their preferences, routines, and required care.

Kansas vs. Missouri Laws for Special Needs Trusts

Missouri follows federal guidelines for SNTs but has a slightly stricter interpretation of trust distributions. Working with an experienced attorney can help you understand these nuances. In addition, Kansas follows federal laws regarding SNTs, which offers flexibility when creating and managing trusts to provide long-term financial security for individuals with disabilities.

How Our Firm Can Help

Our firm offers legal services in special needs trusts, with the goal that every client receives customized solutions that comply with federal and state laws. Some of the ways our firm stands apart from others include:

• Our faith-driven approach: Rooted in values of integrity, compassion, and service, our faith-driven firm is committed to providing guidance that reflects care and understanding for every family.

• Our resource connection: We connect clients with additional resources, from government benefits to community programs, to ensure a holistic approach to their financial planning.

• Our reliable advocacy: With years of experience, our team is dedicated to advocating for individuals with disabilities and their families to build lasting security.

We offer personalized consultations to help clients design trusts tailored to their unique needs, and we will gladly be there for you every step of the way.

Dependable Estate & Special Needs Planning Services in Kansas City

At KC Estate & Special Needs Planning, we assist clients with creating meaningful plans for their future. Our faith-centered approach prioritizes building trust-based relationships and guiding you through life’s transitions with compassion and expertise.

Located in Kansas City, Missouri, we serve clients throughout the state and the Kansas City metro area. Schedule a consultation today to take the first step in securing your family’s legacy and protecting your loved ones.