The Law Office of Baerveldt & Boedefeld, LLC

Why do younger Missouri families delay estate plans?

2026-08-05T09:52:58Z

A severe storm, a new baby or an unexpected layoff may remind you how quickly life can change. These moments can also create a strong desire to protect your family and everything you have worked to build. Many young Missouri families delay estate planning because they view it as something for older or wealthier people. Still, without a plan, your family may have less control over what happens after your death. Although you may want to prepare, the steps involved could feel unclear or overwhelming. Understanding what holds you back might be the first step in moving forward with a plan.

The many barriers to starting

For young families, estate planning often feels like a luxury rather than a necessity. Urgent priorities could take your focus away from these long-term tasks. While estate planning involves upfront legal costs, these expenses are minor compared to the thousands of dollars in court costs, legal fees and administrative delays that families face during an intestate succession if a relative dies without a plan. Faced with this uncertainty, you might think it is easier to wait than to start. Personal feelings could influence these choices as well. When you consider the unexpected, you may want to avoid the stress that comes with it. That hesitancy commonly leads to avoiding the topic altogether.

Viewing estate planning in a different way

You could view estate planning as a way to support your current goals rather than only preparing for a future crisis. Consider connecting it to positive milestones such as buying a first home, raising a family or expanding a business. A Missouri estate plan may include a will, trust, financial power of attorney, health care documents and updated beneficiary designations. The last surviving parent can also name a guardian for minor children in a will. Missouri law generally directs the court to appoint that person after both parents die unless the person is unfit, unqualified or unable to serve.

Taking action can provide peace of mind

Estate planning gives your family clear guidance during difficult times. By starting now, you can reduce uncertainty and protect your children. It can also make it easier for your loved ones to carry out your wishes.

Things to consider before filing for a Missouri divorce

2026-08-04T12:53:30Z

Ending a marriage is a big decision that will affect your life for a long time. Before filing for divorce, you should evaluate several key factors to determine if you are ready. Divorce changes your financial situation, your time with your children and your daily life. Starting any divorce can be hard on your emotions and your wallet. In Missouri, state laws make it vital to think carefully before you file. Here is what you need to know about Missouri divorces.

Residency and requirements

In Missouri, at least one spouse must satisfy the state’s residency requirement before filing for divorce. Without establishing residency, Missouri courts cannot grant your divorce. Under Mo. Rev. Stat. § 452.305(1), a court will grant a divorce if four conditions are met. These are the requirements for a dissolution of marriage:

Residency: One spouse resided in Missouri (or served as an armed forces member stationed in the state) for at least 90 days before filing.
Waiting period: You wait at least 30 days after filing before the court enters a final judgment.
Irretrievable breakdown: The court finds the marriage is "irretrievably broken" with no reasonable likelihood of preservation.
Jurisdiction: The court has considered or ruled upon custody, support and property division to the extent of its jurisdiction.

It is crucial to understand the timeline and requirements necessary before filing for divorce. Carefully evaluate your situation before initiating the process.

Grounds for divorce

Missouri is a modified no-fault divorce state. The only grounds required to dissolve a Missouri marriage are proof that it is “irretrievably broken.” However, if one spouse denies the broken marriage, the judge may pause and need further evidence. You must prove one of these conditions happened in your divorce if your spouse denies that the marriage is irretrievably broken:

Adultery: Your spouse committed adultery, and you cannot reasonably tolerate continuing to live with them.
Unreasonable behavior: Your spouse exhibited conduct that makes it unreasonable to expect you to live together.
Abandonment: Your spouse abandoned you for a continuous period of at least six months before filing.
Mutual separation: You and your spouse lived separate and apart by mutual consent for a continuous period of at least 12 months.
Non-mutual separation: You and your spouse lived separate and apart for a continuous period of at least 24 months without mutual agreement.

Your behavior during the marriage might impact the final judgment. Missouri is a state where misconduct is one of the factors a judge evaluates during a divorce hearing.

Property laws and financial impact

Missouri follows the rule of equitable distribution. Before dividing assets, the court first sets aside each spouse's separate property. The court then sorts your marital assets and debts according to what it deems “fair,” which is not always a 50/50 split. The financial impact of divorce does not stop at property division. You must also account for the legal and court costs of marriage dissolution. If you have complex assets, you may need to hire a professional. Of course, competent legal counsel is an investment that can help divorce proceedings go more smoothly.

Who faces the most drunk driving risk in Missouri?

2026-08-05T14:47:36Z

Drunk driving affects people across Missouri, but the risk is not spread evenly. Crash data shows that some age groups and driving patterns appear more often in alcohol-related crashes than others. Those trends do not explain every case, but they do show where the risk tends to be higher and why impaired driving remains such a serious road safety problem.

Younger drivers and young adults often show up in the data

Missouri traffic data has long flagged younger drivers as a road safety concern. The Missouri Department of Transportation reports that most impaired drivers are between ages 20 and 59. State data also tracks impaired-driving fatalities involving drivers under 21, while drivers ages 21 to 25 account for a significant number of traffic deaths overall.

That does not mean only young people drive drunk. It does suggest that late teens, college-age drivers and younger adults remain a significant part of the problem. Social drinking, late nights and poor judgment behind the wheel can all increase the risk.

Men appear more often in alcohol-related fatal crashes

Sex is another clear pattern. National crash data shows men are involved in alcohol-impaired fatal crashes at much higher rates than women, and Missouri-specific data points in the same direction. MoDOT reports that male drivers were involved in 82% of the state’s impaired-driving fatalities from 2017 through 2021.

Women are at risk also. Still, the numbers suggest that men, especially younger men, appear more often in the most dangerous impaired-driving situations. A criminal defense attorney who handles DWI cases may see that these arrests often involve a mix of alcohol use, night driving and overconfidence behind the wheel.

Socioeconomic factors can shape the risk

Income and community conditions can also affect drunk-driving patterns, but not in a simple way. Missouri crash patterns can vary between urban and rural communities, depending on factors such as population, road conditions, access to transportation and local driving habits. Although urban areas may have more drivers and crashes overall, rural impaired-driving crashes can be especially deadly.

The broader point is that drunk-driving risk is not limited to one type of person or one type of community. It can appear in different places for different reasons. Work schedules, social habits, transportation access and local road design can all play a role.

Rural roads and nighttime driving raise the danger

Missouri data also shows that road conditions and driving environments can increase the danger. Alcohol-related crashes are more common on certain types of roads and often happen at times when visibility is lower and reaction time is more important. Missouri highway safety materials report that impaired driving has historically accounted for about 20% to 25% of the state’s traffic fatalities. They also show that 60% of impaired-driving fatalities from 2017 through 2021 occurred in rural areas.

Some common risk patterns include:

Driving late at night
Driving after social events or parties
Traveling on rural or less divided roads
Single-vehicle crashes
Younger drivers with less experience behind the wheel

These patterns help explain why one poor decision can quickly turn into a serious or fatal crash.

What these trends mean for road safety

The main takeaway is straightforward. Missouri’s drunk-driving risk is not random. Younger drivers, young adults and men appear more often in the data, and certain road conditions make the consequences worse. Community conditions can also affect how often alcohol-related crashes happen.

A lawyer may focus on the legal side of an arrest, but the safety data points to a larger problem. Drunk driving puts passengers, other drivers and entire communities at risk, especially when several high-risk factors overlap.

Choosing the right guardian for a loved one

2026-02-06T10:21:04Z

When someone you love can no longer make decisions on their own, you may face a serious question: who should step in to help? Choosing a guardian is not only a legal step. It is a personal one that can shape daily life, finances and medical care. Taking time to think through this choice can help you reduce conflict and protect the person who depends on you.

Factors to consider when choosing a guardian

Before naming a guardian, it helps to look beyond family titles and focus on what the role requires. Guardianship comes with ongoing duties, decision-making and accountability. As you weigh your options, here are some factors you may need to carefully consider:

Ability to manage responsibility by handling medical decisions, finances and required reporting
Time and availability to meet ongoing care and court obligations
Trust and judgment to act in your loved one’s best interests at all times
Clear communication skills when working with doctors, caregivers and family members
Willingness to commit by accepting the role and its long-term responsibilities

Looking at these factors together helps you focus on long-term care rather than short-term convenience. It also helps prevent choosing someone out of pressure or habit.

Matching the guardian to your loved one’s needs

Every guardianship situation is different. If you are caring for an aging parent with memory loss, you may need someone who can manage finances and medical care. If you are supporting and caring for a younger adult with disabilities, you may need a guardian who understands support services and daily routines. The right guardian depends on your loved one’s specific needs, not on family hierarchy. You may also consider how the guardian will work with others. Someone who can keep records, follow court rules and communicate well can reduce problems later. In some situations, you may decide that a neutral third party better fits your needs than a relative.

Choosing with intention

Choosing a guardian is not simple. You may find yourself balancing family relationships with personal limits while keeping the needs of someone you care about at the center of every decision. There is no perfect choice, only a thoughtful one. The goal is to identify someone capable, reliable and committed to protecting your loved one’s well-being over time. Taking a step back to reflect on what the role requires can bring a sense of steadiness to the process. Even when the decision feels heavy, approaching it with care and intention can help you move forward knowing you acted with your loved one’s best interests in mind.

Missouri’s prescription drug laws: What you need to know

2025-12-26T06:36:51Z

Many people take prescription medicine to manage pain and chronic conditions. In Missouri, strict rules apply when these drugs are used or shared outside a doctor’s care. Missouri classifies many prescription medications as controlled substances under the state’s controlled substance laws. This means residents must follow clear rules for possession, use and distribution. These laws aim to reduce overdose deaths, prevent drugs from entering illegal markets and limit misuse. Prescription drugs drugs fall under the same legal framework as illicit drugs. So, even medicine that came from a pharmacy can lead to criminal charges if not used exactly as prescribed. Many people do not realize how easy it is to face a charge. Carrying medication without proper documentation or trying to refill a prescription too early can create legal problems. Knowing the basics can help you protect your health and avoid legal trouble.

Everyday actions that can trigger a charge

Some routine choices when taking, storing or traveling with prescription medications can create legal risk. The courts look at how a drug was obtained, whether a valid prescription exists and whether anyone intended to sell or share pills. In practice, a person does not need illegal substances in their possession to face a drug-related charge. Certain prescription mistakes can raise the same concerns if they suggest misuse or improper access. Here are some everyday situations that can lead to prescription drug concerns under Missouri law:

Carrying medication without proof of a current prescription: Keeping pills in the original labeled container can help avoid confusion.
Sharing medication with friends or family: Even if you were both prescribed the same drug, giving pills to someone is illegal.
Holding a large number of pills or unusual packaging: These signs may lead officers to suspect intent to distribute.
Using multiple doctors to seek extra prescriptions: Missouri participates in a prescription monitoring program that health care providers and pharmacists use to track controlled substance prescriptions.
Mixing prescriptions with illegal drugs or excessive alcohol: This raises safety risks and may increase penalties.

These rules aim to reduce overdoses and limit the diversion of controlled substances. Simple steps like logging fills and securing medications at home lower the risk of misunderstandings or charges.

How penalties are decided

Missouri courts consider several factors when deciding penalties. The type of drug, the quantity found and any prior convictions matter most. Simple possession may lead to fines, probation or jail, depending on the substance and circumstances. More serious charges, such as possession with intent to distribute, prescription fraud or deceiving doctors to obtain medication can result in felony charges and longer prison sentences. Courts may also consider whether addiction played a role. In such situations, individuals may qualify for treatment programs or special court supervision instead of the standard punishment.

Navigate prescription rules safely

If you rely on prescription medications, practice simple habits: take only the dose prescribed, refill only with your doctor’s approval and keep pills in their original labeled containers. Dispose of unused medicine through pharmacy take-back programs rather than storing them at home. If questions come up about a prescription or a charge, reliable legal information can help clarify the situation and available options.

Sole custody vs joint custody: Which is best for your family?

2025-10-29T19:19:29Z

When couples file for a divorce, they must settle scores on multiple aspects of their lives. Child custody is often one of the primary concerns, as it involves decisions on how they will co-parent their child after divorce. In Missouri, couples can have sole or joint custody arrangements. Both offer benefits and drawbacks that could significantly impact a child’s upbringing. If you are unsure about these options, consider learning more about them to see which fits the circumstances of your family.

What is sole custody?

In a sole custody arrangement, only one parent has legal and physical custody of the child. This parent has the right to spend time with their child and decide on the child’s upbringing, which can include education, health care and religious background without contestation from the other parent. This arrangement can offer a stable environment for the child, as they do not need to move between the houses of each parent. However, the child can develop emotional and mental struggles due to the lack of involvement from the non-custodial parent. Additionally, the pressure on the custodial parent can continue to increase. They would have to bear the full responsibility of shouldering all expenses in raising the child, which can be overwhelming.

What is joint custody?

Both parents share the legal and physical responsibilities in a joint custodial arrangement. This allows both parents to contribute to a child’s upbringing, enhancing family relationships. However, disagreements are one of the common challenges in joint custody. Parents may not always agree with one another, resulting in unresolved issues and a stressful environment that can affect the child. Complex scheduling is another concern that custodial parents face, especially when both live far apart.

Deciding on a custody arrangement with help

Discussing child custody can be difficult. You have to consider multiple factors, such as your relationship with the other parent, financial situation and the child’s best interests, before deciding. If matters become complicated, consider consulting with a family law attorney. They can provide you with guidance tailored to your family’s unique circumstances.