Saint Charles Trusts Attorneys: A Personalized Approach To Asset Protection

Last updated on October 22, 2026

When you are preparing an estate plan, it is easy to get overwhelmed. Your goal is to secure your family’s future, but knowing whether to use a trust, a will or both can be confusing.

At The Law Office of Baerveldt & Boedefeld, LLC, our experienced attorneys have over 60 years of combined experience. We help people throughout Saint Charles and the surrounding Missouri communities evaluate these exact choices.

Providing customized and straightforward guidance, we design every estate plan ourselves, based on your legal goals. Your estate plan should match your wishes and protect your assets exactly as you intend, so that’s what we deliver.

What Are The Different Types Of Trusts?

A trust is a legal agreement. It allows you, as the grantor, to give property to another person or entity, the trustee. The trustee holds the property for the benefit of a third party, the beneficiary. There are many different types of trusts in Missouri. Some of the most common types of trusts you could consider include:

• Revocable living trust: You can change or cancel this type of trust at any time during your life, giving you maximum flexibility and control over your assets.
• Irrevocable trust: You cannot change or cancel this type of trust once you create it. However, its rigidity offers stronger asset protection from creditors and can provide tax benefits.
• Testamentary trust: This trust does not exist while you are alive but instead is created through instructions within your will after you pass away.
• Special needs trust: This trust holds funds for a disabled beneficiary without negatively affecting their eligibility for government benefits like Medicaid or Social Security.

Choosing the right trust for your estate plan will depend on your financial situation and goals. For example, a trust can help some of your assets avoid the probate process. It is also important to consider your need for asset protection as well as the tax implications for your heirs. Our trusts attorneys will help you assess your goals and evaluate your options.

Do You Need A Trust In Missouri?

A trust is one effective way to ensure your real estate, bank accounts and personal property pass directly to your beneficiaries without going through probate court.

A trust creates a private legal framework that protects your family from court delays and expenses and preserves your assets. Many people create trusts to protect children from prior marriages, set custom distributions for younger heirs or plan for potential health changes.

We will work with you directly during a free 30-minute consultation to review your estate and determine whether a trust fits your goals. Our firm will hand-customize every document specifically for your family.

When you need to manage a trust after a loved one passes, our firm also provides complete assistance with trust administration.

What Assets Can You Place In A Missouri Trust?

You can place almost any financial or physical asset into a Missouri trust, provided you transfer the title or ownership designation to the trust.

Transferring legal ownership into the name of your trust ensures those assets pass to your beneficiaries according to your exact instructions.

Common assets people transfer into a trust include:

• Real estate, including your primary residence, vacation homes and land
• Checking accounts, savings accounts and certificates of deposit
• Nonretirement brokerage accounts, stocks, bonds and mutual funds
• Business ownership stakes, including LLC interests and partnership shares
• Valuable personal property, such as jewelry, art and collectibles

Funding your trust correctly requires updating deeds, titles and bank accounts to reflect the trust as the owner. If you acquire new assets in the future, you must transfer those into the trust as well.

Who Should Serve As Trustee Of Your Trust?

You should select a trustee who is organized, financially responsible and capable of following your written directions without taking sides among your beneficiaries.

For a revocable living trust, you typically serve as your own trustee during your lifetime, maintaining full authority over your property.

When selecting a successor trustee to manage your trust after you pass away or if you become incapacitated, you have three primary options:

• An adult child or trusted family member who understands your wishes and family dynamic
• Co-trustees, such as a child and a professional adviser, who work together to manage distributions
• A corporate trustee, such as a bank or trust company, that provides neutral professional administration

In blended families, choosing a neutral trustee or defining precise distribution rules can prevent conflicts between a surviving spouse and biological children. Our attorneys will meet with you to review your family structure and help you choose the right trustee arrangement.

Will A Trust Reduce Your Estate Taxes?

A standard revocable living trust does not reduce your estate tax liability because you maintain full control over the assets during your lifetime. Under federal tax law, assets in a revocable trust remain part of your taxable estate upon death. Missouri does not have its own estate tax.

Because the federal estate tax exemption threshold remains multimillions of dollars per individual, most families in Missouri do not owe federal or state estate taxes.

If your estate exceeds the federal exemption limits, a specialized irrevocable trust can reduce tax liability by removing assets from your ownership and placing them into the trust’s.

We will review your financial holdings directly during your initial consultation to determine if tax-focused estate planning strategies apply to your situation.

Can You Modify Or Cancel Your Trust After Creation?

You can modify or revoke a revocable living trust during your lifetime if you retain capacity, although the rules are somewhat different if the trust has joint settlors. This flexibility allows you to adapt your estate plan whenever your family structure, financial situation or personal wishes change.

Updating a revocable trust requires executing a formal written amendment or creating a restated trust document that supersedes your previous agreement.

Conversely, an irrevocable trust is generally permanent, though under Missouri law, it may be modified or terminated under specific statutory rules, through nonjudicial settlement agreements among beneficiaries, or by court order.

Our firm prepares every amendment with precision, ensuring your updated document complies strictly with Missouri trust laws.

Does A Trust Avoid Probate In Missouri?

A properly funded trust allows assets titled in the name of the trust to transfer to beneficiaries without going through standard probate administration. (However, under Missouri law, trust assets may still be subject to valid creditor claims if the probate estate is insufficient.)

When you pass away, your successor trustee distributes your trust assets directly to your named beneficiaries without court supervision, filing fees or public records.

If you create a trust document but fail to transfer your assets into it, those unlinked assets must still go through probate court.

To prevent this, we draft comprehensive estate plans that pair your trust with a pour-over will, transferring any leftover personal property into your trust upon your death.

How Do Wills And Trusts Work Together As Part Of A Comprehensive Estate Plan?

Many people believe they must choose between a will or a trust. However, the best plans often include both. A will handles several things a trust cannot, primarily naming a guardian for minor children. A trust, on the other hand, allows assets placed inside it to avoid probate court, saving your family significant time, money and stress.

Consult A Saint Charles Trusts Lawyer For Free

We want to help you explore your options and develop a strategy designed to protect your future and your family. We offer flexible evening and weekend appointments to accommodate your busy schedule. For your convenience, we also accept credit cards. If necessary, we can provide a Spanish interpreter.

At The Law Office of Baerveldt & Boedefeld, LLC, we offer free half-hour consultations to answer your questions and provide you with clear next steps. Schedule your appointment by calling us at 636-260-2515 or sending us a message through our website.