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Estate Planning · For new Branson residents

Moved to Branson? Your documents may not have.

A flat-fee review of the estate plan you brought from Florida, Texas, Illinois, California or anywhere else: what still works in Missouri, what needs re-signing, and a recorded deed for your new home.

What usually travels, and what usually doesn't

Missouri generally honors a will that was valid where it was signed, and a revocable trust made in another state keeps working here. The practical problems show up in three places.

  • The deed to your new home. It was recorded in your name at closing. Your out-of-state trust doesn't own it, and no beneficiary deed exists, so it is headed for Missouri probate unless something is recorded.
  • Your financial power of attorney. Missouri banks look for a document that is labeled durable, says it survives incapacity and is notarized the way a deed is (RSMo 404.705). Many out-of-state forms get refused at the teller window.
  • Your health care documents. A Missouri hospital wants a health care power of attorney and directive in a form it recognizes, with the witnesses and notary Missouri expects.
  • Property you left behind. A house or lot in your old state still passes under that state's law. We tell you what to ask your former attorney to do about it.
The Move-In Review

What's included

  • A reading of every document you brought with you
  • A written list of what works, what doesn't and why
  • Missouri powers of attorney and health care documents, if yours need replacing
  • A Missouri beneficiary deed for your new home, or a deed into your existing trust, recorded with the county
  • A plain-English summary for your family

Flat fee, quoted in writing on the first call. If the review shows you need a full new plan instead, the review fee is credited toward it.

How it works

About two weeks from the first call.

  1. STEP 1

    Send what you have

    Upload your documents through our secure portal, or bring the binder to the office.

  2. STEP 2

    Review meeting

    Bobby walks you through the list, document by document, in person or by video.

  3. STEP 3

    Signing

    Anything that needs re-signing is signed with Missouri witnesses and a notary.

  4. STEP 4

    Recording

    We record the deed with the county and confirm it to you in writing.

How we charge

A flat fee for the review and the documents it leads to, quoted in writing on the first call. No hourly billing, and the fee doesn't change because the review turned up more than expected.

Bobby Afshar, attorney

Your attorney

Bobby Afshar

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Common questions

General information about Missouri law, not advice about your situation.

Is my out-of-state will valid in Missouri?

Generally, yes: Missouri recognizes a will that was validly signed where it was made. Whether it still says what you want after a move is a different question, which is what the review answers.

Do I have to redo my whole trust?

Usually not. The trust document usually keeps working. What needs attention is what the trust owns: the Branson home has to be deeded into it or covered by a beneficiary deed naming it.

What is a beneficiary deed?

A deed recorded with the county before your death that names who receives the property when you die (RSMo 461.025). You keep full ownership while you're alive and can revoke it. It can name a person or your trust.

We still own a house in our old state. What happens to it?

It passes under that state's law. If it isn't in a trust or covered by that state's version of a beneficiary deed, your family may face a second probate there. We'll tell you what to ask your former attorney to do.

Related services

Estate Planning

Wills and beneficiary deeds

Learn more →
Estate Planning

Revocable living trusts

Learn more →
Estate Planning

Powers of attorney

Learn more →
Real Estate

Lakefront and family property

Learn more →

New in town? Start with a free 15-minute call.

Bring the binder. We'll tell you what it's worth here and what it would cost to fix.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.This disclosure is required by rule of the Supreme Court of Missouri. Contacting the firm does not create an attorney-client relationship, and information on this site is general, not legal advice.
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