Who this is for: Missouri parents with minor children who have not yet created an estate plan. What it covers: What Missouri law does when parents die without a will: how guardianship and conservatorship work, what happens to children’s money, and how a will and trust keep parents in control. Why it matters: Without a written plan, a Missouri probate court appoints your child’s guardian and controls their inheritance. A judge, not you, makes the decision. Patrick Nolan is an estate planning attorney at Nolan Law Firm in Kirksville, Missouri.
Parenthood and the Things Most People Do Not Talk About
When you bring a child home, you think about car seats, diapers, sleep. You do not think about what happens if you are not there. Most new parents skip over estate planning, figuring it is for retired couples or families with vacation homes. That is not how it works. If anything, the need runs deeper for parents with young children still in the house. If you die or become unable to parent, the state steps in with its own process. In Missouri, that means slow courts, paperwork, and strangers making choices that should have been yours. The chance to protect your child from instability, or even a courtroom fight, begins long before disaster.
What Missouri Law Actually Does If You Leave It to Chance
If you have not written down your directions and both parents are gone or out of commission, the Missouri courts take over. No one gets to just pick up your child and head home. The law forces things to play out in a specific order. Relatives may hope to step in fast, but it starts and sometimes stalls in probate court. The gears of government do not turn quickly for orphans.
Guardianship: Who Calls the Shots for Your Child
Guardianship in Missouri is a legal designation, a person authorized to make decisions for your underage child about where they live, how they are raised, and what medical treatment they get. If you named someone as guardian in a valid will, the court takes your word. If not, anyone, usually blood relatives, can petition for the job, and the judge holds hearings. Missouri statute RSMo 475.045 gives parents the right to choose, but only if you do it in writing. No nomination? The judge sorts it out. Sometimes that means pitting family against family. The court rules in the best interest of the child, but it can end with your child in a home you never pictured for them.
Who Manages the Money and Why It Is Rarely Simple
If you leave no will or trust, the state uses intestacy laws to split up assets. Your children inherit. But children cannot handle money legally or practically, so the court appoints a conservator. This could be a different person from the guardian, sometimes a cousin, sometimes a stranger, occasionally even an attorney. That means one person decides how your child spends each day, and another holds the checkbook. The conservator faces paperwork just to make routine purchases and must post a bond and file annual reports with the court. When your child turns 18, the conservatorship ends and any remaining funds are handed over all at once, whether your kid is prudent or not.
If You Take the Reins: What Real Planning Looks Like
If you want a say in your child’s future, it has to be in writing. Estate planning is not just about assets: it is about where your child wakes up, who tucks them in, who decides if a surgery happens.
Name a Guardian That Means Something to You
The clearest step is naming a guardian in a Missouri will, signed and witnessed, no shortcuts. List your first choice, then a backup. If the court sees your nomination and there is no evidence of unfitness, it goes through. Put it on paper, sign it, and you have cut down on doubt, courtroom wrangling, and family drama when your child needs stability most.
Setting Up a Trust for Your Kids
Most parents look at their house and life insurance and walk away. But leaving money outright to minor children is not good practice. Establishing a trust, either inside your will or as a separate document, means you decide when your child gets access, who manages the spending, and for what purpose. You can keep the money out of their hands at 18 if that makes sense. Education, living expenses, health: handled as you intended. It is run by a trustee you choose, not someone the system lands on. Trusts cut through red tape, sidestep court conservatorships, and offer flexibility you will not get from the state’s default plan.
Plan for Emergencies Too
Life does not always collapse in the ways we expect. Sometimes you are in the hospital or stuck overseas. Missouri supports short-term powers of attorney for minors, letting you pick someone trusted to make medical, educational, or day-to-day decisions while you are gone. Get it set up. Keep it with your estate papers.
This Is Not Easy, But You Have to Pick Someone
No candidate is perfect. People move, families change, and sometimes willingness shifts. Evaluate by real character, location, health, and actual willingness to do the work. Talk to them. Missouri law lets you list alternates if your top pick cannot serve. A plan that worked when your child was two may not work at sixteen. Revisit regularly.
Missouri Life: What Else Parents Should Consider
Life Insurance Is Usually Your Biggest Asset
For plenty of Missouri parents, life insurance is the largest source of cash a child might ever see. Do not set your minor child as the direct beneficiary. If you do, courts may freeze the money or lock it into conservatorships with all their hoops and costs. Name a trust as the beneficiary, and you keep the money working for your child without extra court hands on the lever.
Be Careful with Beneficiary Choices
Banks, retirement accounts, payable-on-death forms: these move assets without respect for your will. Review every few years. Name a trust or, for smaller sums, a Missouri Uniform Transfers to Minors Act adult custodian. Never leave anything direct to a minor if you can help it. Complexity comes fast when beneficiary forms and your will do not line up.
If Your Child Has Special Needs
If your child relies on government benefits such as Medicaid or SSI, a simple inheritance can do more harm than good. Missouri allows supplemental needs trusts, set up to hold gifts for your disabled child without killing eligibility for those benefits. The long-term security at stake is real.
A Plan Is the Best Gift You Can Give
No one likes thinking about worst-case scenarios, but most parents would do nearly anything to make life easier for their kids. Estate planning hands you the tools to choose your child’s guardian, safeguard their inheritance, and keep family from fighting at the worst possible time. If you leave these decisions to the courts, you are gambling with your family’s future. With a will, a trust, and a little legwork now, you keep control.
Frequently Asked Questions
What happens to my children in Missouri if I die without a will?
If you die without a will in Missouri and leave minor children, a probate court appoints a guardian under RSMo 475.045 to make personal decisions for your children and a conservator to manage any inherited money. The court applies a best interest standard but may not choose who you would have wanted. The process is public, can involve family disputes, and takes time during which the children’s situation is uncertain.
How do I name a guardian for my children in Missouri?
Under RSMo 475.045, you name a guardian for your minor children in a valid Missouri will. The will must be properly signed and witnessed. Name a primary guardian and at least one alternate in case your first choice cannot serve. Courts give strong weight to a written nomination in a valid will. Without a nomination, the court decides who raises your children.
Should I leave money directly to my minor children in Missouri?
No. Minor children cannot legally manage money in Missouri. If you leave assets directly to a minor, a court-appointed conservator under RSMo Chapter 475 will manage the funds with court oversight, annual reporting, and bond requirements. A better approach is to establish a trust naming a trustee you choose, with terms you set for how and when funds are distributed.
Can I name my life insurance beneficiary as my minor child in Missouri?
You can, but it typically creates problems. If a minor is named as beneficiary, the insurance proceeds may be controlled by a court-appointed conservator until the child turns 18, at which point the full amount is released regardless of the child’s maturity. Naming a trust as the beneficiary keeps the funds under terms you set and avoids court conservatorship entirely.
What is a supplemental needs trust in Missouri?
A supplemental needs trust (also called a special needs trust) in Missouri holds assets for a disabled person without disqualifying them from needs-based government benefits like Medicaid or SSI. If you have a child who relies on these benefits, leaving them a direct inheritance could end their eligibility. A supplemental needs trust preserves eligibility while still providing financial support beyond what government programs cover.
How often should Missouri parents update their estate plan?
Missouri parents should review their estate plan after the birth of each child, after any significant change in the family (divorce, remarriage, death of a named guardian), when children reach adulthood, and whenever assets change significantly. At minimum, review every three to five years. A plan that made sense when children were young may no longer reflect the parents’ wishes as the family grows and changes.
