The Temptation of a Simple Will—and What It Leaves Out
You walk down an aisle in a big box store or scroll through Google and see it: the “simple will.” $20 and your mind is at ease, or so you hope. The idea is clear—a quick, uncluttered document that keeps family out of arguments and makes sure your savings or house go where you want. Anyone in Missouri with basic mental capacity can sign off on a will. That’s the rule. But the form—downloaded for free, clipped from a website, or pulled from an office supply shelf—rarely tells you about the traps hiding just underneath. Good intentions are common. Legal messes are even more common.
Most people figure: uncomplicated life, uncomplicated paperwork. They grab a template and fill in a few blanks. But estates don’t usually stay clean and simple, even if you think there isn’t much to divide. The aftermath reveals the truth—vague will, unclear instructions, and a tangle of questions. Family left behind does the heavy lifting, chasing down answers that should have been built in from the start.
Hidden Problems Inside the “Simple Will” Package
Ambiguity: The Quiet Spark for Family Fights
You see this all the time: a preprinted will leaves the phrase, “I leave my estate to my children.” It sounds plain. But it isn’t. What if a child dies first? Who picks up that share—grandkids, siblings, someone else entirely? Is that child even still part of your life? Has another child already received their share in some other way? Missouri law tries to cover some of these gaps, but it rarely lines up with what you had in mind.
One word out of place, or left out, and the whole family ends up in court. Lawyers and the probate judge get involved, sifting through meaning, charging fees, weighing arguments. Relationships strain. Savings dwindle. The risk is baked in when you leave things open for interpretation. A good will, done with care, names exactly what happens when life throws a curveball. That’s often missing in the simple forms.
Assets the Simple Will Can’t Touch
Not every asset follows the orders in your will. In Missouri, a bank account that’s jointly owned goes to the other joint owner, period. Retirement money moves by named beneficiary, not by will. Real estate can slide past your wishes if it’s titled with survivorship rights. Even a well-meaning parent who adds a child to a checking account “just for emergencies” ends up giving that child the whole account, legally, when the time comes. The will’s words don’t change that.
Real estate, insurance, retirement funds—each plays by its own rules. If you don’t build your plan around the full picture, people slip through the cracks. Quarrels start. Sometimes lawsuits follow. A sharp estate plan checks titles, designations, and makes sure everything lines up. The “simple” will doesn’t prompt you to look under the hood.
Leaving Children Exposed
Parents of little ones want to get something—anything—on paper. They use a generic form and write, “My sister should be guardian,” or “Everything to my kids.” But in Missouri, guardianship directions need real detail to mean anything in court. “Simple” is not enough. When specifics are missing, judges and relatives sort out who raises the children. It gets personal and bitter fast.
Worse yet, leaving money straight to a minor—no strings attached—means the court appoints a conservator. Money is locked up, controlled by the state, until the child turns 18. It’s slow, expensive, and stressful for anyone stepping up to care for your child. Trusts and instructions can sidestep all this, but they almost never show up in a one-size-fits-all form.
Missouri Law Makes “Simple” Wills Even Riskier
Probate and Spousal Rights: Where the Will Isn’t Final
Missourians, maybe more than most, believe that a will means no court. Not true. A will exists so the probate judge knows what to do, but everything still passes through the court unless you’ve made other arrangements. Missouri law gives your surviving spouse extra rights, whether you want them to or not. Try to cut out a spouse, or accidentally leave them off, and the law usually overrides you.
Take a blended family—kids from different marriages, second spouses. These setups never fit in a standard form. Spousal shares, forgotten heirs, strict deadlines—get just one thing wrong and your wishes disappear in a cloud of court filings and interpretations.
Signing Rules and Technical Flaws
A will doesn’t count unless it’s signed the right way. You must have two witnesses, neither of whom should be in line for anything from the estate. Missouri is strict about this. Many generic forms skip these steps, or use directions meant for other states. Some wills get signed correctly, but miss the self-proving affidavit—a witness’s sworn statement, notarized—meant to prove it’s the real deal when you’re gone. Without it, your family may have to track down the witnesses years later or fight to admit the paper in court.
Slipping up on these details kicks the will out entirely. Then your property goes by Missouri’s default rules—intestate succession—and your wishes are ignored. People use simple forms to save time and money and end up costing their families far more.
Life Changes While Your Will Stays Stuck
Life shifts. A new spouse, a new child, or a sudden loss. Maybe you sell a house or inherit property you never expected. A generic will rarely takes those changes in stride. Missouri lets you make amendments—codicils, in legal speak—but they need the same witness rules. Handwritten notes or a sticky note stuck to the top carry no weight. Outdated “simple” wills create just as many headaches as no will at all.
A plan drafted with real attention can include backups, alternate heirs, and room to adjust as your circumstances change. No form can predict what you’ll need five years down the road.
The Cost of Oversimplification: Real Cases, Real Trouble
Assets Fall Through the Cracks
A Missouri woman uses a store-bought will: “Everything equally to my children.” She owns a $120,000 house, a joint account with one child (for convenience), and a life insurance policy with no listed beneficiary. She passes. The house gets split in probate. The account—no matter her will—becomes the sole property of the joint owner, and it stays that way unless that person volunteers to split it up. The life insurance, with no beneficiary, heads back into probate. One child ends up with more. Legal bills and probate drag on. All because the forms didn’t make her stop and look harder at Missouri law.
Guardianship Lost in Translation
A young Missouri couple fills out matching online wills. Everything goes to each other, then to their child. Guardianship? Vague mention, no detail. They both pass. Their families clash in court, trying to sort out who raises the child. The court freezes assets, and the case drags on. If the original wills had included the right, state-specific wording, most of this fallout would have been avoided.
Solid Planning Always Beats the Shortcut
Estate planning in Missouri can be straightforward, but the bare minimum is usually not enough. It’s picking up every rock—asset forms, specific bequests, who watches out for your kids, how accounts are titled. A good lawyer walks you through the mud, asking what matters to you and making sure you’ve covered what most people overlook.
Review your plan from time to time. Life doesn’t slow down, and old documents won’t keep up without a nudge. Relying on generic forms exposes your loved ones to trouble you never intended.
Simple feels easy. But with wills, easy can turn into expensive, drawn-out, and deeply personal problems. Careful, Missouri-centric planning is what carries your wishes forward cleanly. That’s how you keep control, even after you’re gone.
