Wills Attorney O’Fallon MO

Wills Attorney O'Fallon MOWills Attorney O’Fallon MO

Developing a plan for the future of your loved ones can be outlined through the assistance of a wills attorney O’Fallon MO residents rely on. At Legacy Law Center, our lawyers work diligently with you to understand your goals and desires regarding the preservation of your estate, possessions, and other property.

Information to Consider When Putting Together Your Will

It is a common misconception that only the wealthy need to have an estate plan in place for when they pass away. In fact, just about everyone should put together a will. There are a number of components to creating a will that go far beyond property or money. Since 2012, Legacy Law Center has been helping O’Fallon MO residents outline their final wishes and protect the future of their loved on. We are dedicated to helping our clients come up with a plan that is detailed and encapsulates all of the necessary components.

Benefits of Creating a Will

Working alongside a lawyer to create your will can ensure that the will is inline with the regulations of state laws, provides the greatest tax advantages, and accounts for particulars in your specific circumstances. After your death, a county court makes sure that your final wishes are carried out. A wills attorney in O’Fallon MO may state that the benefits of creating a will may typically include:


  • Ensuring your possessions are distributed according to your wishes and to the people you want. If you leave without a written will the law can decide how your estate will be distributed. Having a will allows you a peace of mind that your possessions will be distributed according to your wishes.
  • Provides you the power to appoint an executor and/or trustee. This means you have the ability to designate a trustworthy and impartial executor that will honor your terms and conditions of the will.
  • A wills attorney may emphasis that writing a will is especially important if you have children that are under the age of 18. In a will, you have the ability specify who will be responsible for your children in the tragic event of the death of both parents.
  • A will gives you the opportunity to make specific funeral arrangements. This lowers the stress for loved ones and assures your body will be treated in the way you desire.
  • An experienced O’Fallon wills attorney may be able to help quicken the legal process as well. If a will is created then it is faster and less costly to settle an estate. Legal fees are also reduced which helps to protect the value of your property and assets.
  • Above all, a wills attorney can help make a difficult time less difficult. Losing someone is incredibly hard, a will outlines your exact wishes – from the funeral arrangements to property distribution. During an emotionally difficult time a will can keep your loved ones from having to deal with bureaucracy during a time of grieving.


There are several benefits to creating a will and a trusted wills attorney can help you be at peace with how your assets and possessions will be handled in O’Fallon MO.

Avoiding Family In-Fighting Over Estate Planning Issues

If you are concerned that tensions between your loved ones may erupt once your family and friends learn about the terms of your estate plan, please know that you are not alone. Millions of Americans struggle with crafting their estate plans, partially because they are concerned about the ways in which their loved ones will respond to their wishes. Thankfully, experienced O’Fallon, Missouri wills attorneys tend to know just how to structure estate plans in order to mitigate potential tension as much as possible while still honoring a client’s needs and preferences. Whether you have yet to construct an estate plan or your existing estate plan needs to be updated, a Legacy Law Center estate planning lawyer can help.

Tips to Minimize Family Conflict Over Your Estate

One of the most effective resources you can use in order to minimize the risk that your estate plan will cause and/or inflame family tensions is honest communication with your O’Fallon, Missouri wills attorney. If your attorney is unaware of what your concerns are and what those concerns are rooted in, he or she will not be able to help you as effectively and efficiently. Consultations with your attorney are confidential, so please do not be shy about sharing your questions, needs and concerns.

Second, you may benefit from sharing your preferences (or at least some of them) with your family once your estate plan has been constructed or updated. Certain loved ones may not like your wishes, but if you share them openly, you will give your loved ones time to process your decisions. That way, when you pass away, no one is left feeling shocked or hurt in ways that cannot be addressed in this lifetime.

Finally, take time to carefully consider whether a significantly disparate division of assets among your beneficiaries is what you truly want. Familial tensions are bound to flare when one child is gifted significant sentimental property and another is only granted a share of a life insurance policy. Make sure that you have thought through the ways in which your estate plan will affect your loved ones into the future and communicated any concerns to your O’Fallon, Missouri wills attorney.

Estate Planning Guidance Is Available

If you have questions about how to avoid family conflict related to your estate plan, please do not wait to seek legal guidance and support. Protecting your family from unnecessary tension is arguably just as important as safeguarding your wishes as they relate to your estate plan. It may not be possible to remove all risk of tensions between your loved ones in regards to your estate plan. However, an O’Fallon, Missouri wills attorney experienced in this area of law should be able to help you mitigate this risk to the extent that doing so is possible under the circumstances.

The ways in which your estate plan is both initially structured and subsequently updated may impact your loved ones in any number of ways. Please do not make assumptions regarding the ideal ways to structure and update your estate plan until you have received professional guidance and support from a O’Fallon, Missouri wills attorney. Your future self (and your loved ones) may thank you for making this thoughtful effort!

Identifying an Estate Executor

As stated above, one key benefit of creating a will is the ability to appoint someone as the executor. The executor is responsible for distributing your property and assets after you pass away. Ultimately, they will carry out the details outlined in your will. You will want to appoint someone that you can trust and who is up to the task of taking on this important responsibility. In most cases, a family member in O’Fallon MO is usually identified as the executor of the will. There are a number of duties that an executor is responsible for:

  • The executor will be responsible for obtaining the will and reviewing it. They will then need to file the will in probate court in O’Fallon MO before any assets can be distributed.
  • The executor will need to notify any accounts that were held by the decedent. This could include banks, credit cards, and student loans. Notifying the Social Security Administration will be important as well.
  • An executor will need to take stock of all the property and assets that were listed in the will.
  • The executor will distribute all assets to beneficiaries.
  • The executor will maintain any properties until they are disbursed to beneficiaries.

It may be a good idea to identify a backup executor in the event that the originally appointed executor declines the responsibility. A wills attorney can help you document this.

How is a Will Validated?

Before assets can be disbursed to beneficiaries, the will must first be validated in probate court. Probate is the first step to the process of distributing assets. Probate ensures that any outstanding debts are taken care of through the estate and that the will is carried out in the way you would have wished. During this time, the executor will assume responsibility of the estate or will. There are a few items commonly included in wills that can avoid the probate process:

  • Retirement accounts that named a beneficiary
  • Personal bank accounts
  • Community property
  • Some household goods

Without a Will

When there is no will in place, you put the division of your property in the hands of the courts. The process can become incredibly complex very quickly. Dying “intestate,” or without a will or trust, is the last thing that you will want to happen. The outcome really will vary depending on your marital or relationship status and whether or not you have children.

Finding the Right Help

Outlining decisions about the end of your life can be very difficult and saddening; however, it is an important process that can help others once you leave. Legacy Law Center is here to assist you and help you explore different options. We may help you navigate the creation of your will with ease and ensure that all of the necessary components are incorporated into the document. Our attorneys have your best interest at heart and may help you organize your wishes in a legally recognized manner. To schedule a free consultation with a dependable wills attorney O’Fallon MO residents can turn to, call us.

Understanding a Will Contest

There are many reasons why a will might be contested. This includes accusations of fraud, forgery, undue influence, or a lack of testamentary capacity. At the core of a contested will is someone’s belief that the will does not reflect the testator’s intent or that it is completely invalid.

To contest a will, you will need to have a wills attorney in O’Fallon MO file a formal petition or objection with the appropriate court. It is also crucial that the petition is correctly filled out and filed. Otherwise, the court might dismiss the claim. An attorney from Legacy Law Center can handle all of this for you. Call us to find out more.

The Legal Basis for Challenging a Will

It is not enough to simply claim that the testator’s intent is not reflected in their will. The requirement for a wills attorney in O’Fallon MO to file a petition, there must be legitimate grounds. Examples include:

  • Duress
  • Coercion
  • Undue influence
  • Forgery
  • Fraud
  • Lack of testamentary capacity
  • Improper execution of a will
  • Superseded will

Your claim will need to be backed by evidence and other forms of proof. Every state has different rules pertaining to will challenges. To learn if you have valid grounds for contesting a will, talk to a wills attorney in O’Fallon MO from Legacy Law Center.

Is Hiring a Wills Attorney in O’Fallon MO Necessary?

Contesting a will is not easy for most people to do on their own if they are not a lawyer. At Legacy Law Center, when you work with a wills attorney in O’Fallon MO from our firm you’re hiring years of experience and specialized training. Our legal team is intimately familiar with estate law and we have a thorough understanding of the court system.

Trusted | Considerate | We Stand On YOUR Side

The goal of a wills attorney in O’Fallon MO from Legacy Law Center is to work alongside our clients to develop a strategy that gets results. When you call us for a consultation, we’ll review your needs and evaluate the benefits and risks of taking legal action. As a will challenge law firm, we can handle a broad range of contested estate matters, including these:

  • The validity of a will
  • Power of attorney
  • Codicils
  • Beneficiary designation of paid-on-death accounts
  • Family and friend disputes
  • Creditors
  • Estates

We will make every effort to resolve your legal matter through alternative dispute resolution; however, we are prepared to litigate a case if necessary. Whether you are contesting a will or are being accused of undue influence or forgery of a will, you should strongly consider getting legal representation.

To speak with a wills attorney in O’Fallon MO about a contested will or other estate legal matter, call Legacy Law Center now.