For Kansas families, a successful trust plan requires more than paperwork. It requires proper funding, coordination, and ongoing attention. Here are common mistakes to watch for, particularly with revocable living trusts.

1. The Trust Was Never Properly Funded

Creating the trust is only part of the process. Funding a trust means taking the appropriate steps to place assets under the trust’s ownership or control.

Depending on the asset, that may involve a deed, changes to account ownership, an assignment, or another legally effective transfer or declaration. Simply writing an asset’s name on a list should not be assumed to complete every required step.

Kansas law recognizes several ways to create a trust, including transferring property to a trustee or declaring that an owner holds property as trustee. The appropriate method depends on the asset and its existing ownership and beneficiary arrangements.

How to avoid this mistake: Create an asset-by-asset funding checklist with your attorney, complete the required steps, and confirm the results with deeds, statements, or other records.

2. Beneficiary Designations Do Not Match the Plan

A trust cannot be assumed to control every asset you own. Retirement accounts, life insurance, and accounts with payable-on-death or transfer-on-death designations may pass under their own beneficiary arrangements rather than the trust’s distribution instructions.

For example, if your trust is intended to hold a child’s inheritance until a later age, an account payable directly to that child may bypass those protections. Kansas’s trust-creation statute specifically limits an owner’s declaration of trust where the property would otherwise pass at death by a beneficiary designation to someone other than the trust.

How to avoid this mistake: Review beneficiary forms alongside the trust. Do not automatically name the trust on every account; retirement accounts and other assets can require special tax and distribution planning.

3. Newly Acquired Assets Are Left Out

Even a carefully funded trust can become incomplete. You may purchase another home, open a new account, receive an inheritance, or acquire an interest in a business without considering how that asset fits the estate plan.

A trust plan should be reviewed when you acquire or change ownership of significant assets. Do not assume a new account or property is covered simply because older assets were handled correctly.

How to avoid this mistake: Make estate-plan coordination part of major financial transactions. Ask whether the new asset should be held in the trust, pass by beneficiary designation, or be handled another way.

4. The Trust No Longer Reflects Your Family or Goals

A trust drafted years ago may name a trustee who can no longer serve, overlook a new family member, or distribute property in a way that no longer makes sense. Marriage, divorce, deaths, disability, and changes in family relationships can all make a review worthwhile.

Not every trust can be freely changed. The trust’s own amendment provisions matter, so informal handwritten changes or verbal instructions should not be treated as a properly prepared update.

How to avoid this mistake: Review the plan periodically and after major life events. Make updates through the appropriate legal process rather than relying on informal directions.

5. The Wrong Successor Trustee Is Chosen

A successor trustee may need to locate assets, maintain records, communicate with beneficiaries, pay appropriate expenses, and make distributions. Someone who is trustworthy but overwhelmed, unavailable, or uncomfortable managing finances may struggle with those responsibilities.

How to avoid this mistake: Consider judgment, organizational skills, availability, and potential family conflict—not simply who is the oldest child or closest relative. Discuss backup trustees and whether professional assistance would be appropriate.

6. Instructions Are Unclear or Poorly Matched to the Beneficiaries

Vague distribution instructions can create confusion. A plan may also fall short if it does not account for a beneficiary’s age, disability, financial circumstances, or need for continuing management.

For example, an outright distribution may not accomplish the same goals as a continuing trust. Conversely, overly restrictive terms may create unnecessary administration and frustration.

How to avoid this mistake: Discuss what you want the inheritance to accomplish. Ask how the proposed terms will operate in real situations, including a beneficiary’s death or a change in their needs.

7. Important Documents and Account Information Cannot Be Found

A successor trustee cannot efficiently administer a plan they cannot locate or understand. Missing deeds, outdated account information, and uncertainty about which trust amendment is current can delay the process.

How to avoid this mistake: Maintain an organized, secure collection of trust documents and an up-to-date asset inventory. Let the appropriate person know where to find them without unnecessarily sharing sensitive passwords or financial information.

8. The Trust Is Expected to Do Everything

A trust is one part of an estate plan—not a replacement for every other planning tool. It does not automatically govern assets left outside it, authorize every financial action during incapacity, or eliminate all administration after death.

A coordinated plan may also include a will, financial power of attorney, health-care documents, and beneficiary designations. Each serves a different purpose. A pour-over will, should not be mistaken for proof that lifetime trust funding is complete, it is there as a back up in case something was missed. However, missing something could lead to probate which is often what the grantor was trying to avoid.

How to avoid this mistake: Review the entire plan together. Ask which document or ownership arrangement governs each asset and who has authority to act if you become unable to manage your affairs.

A Trust Review Should Include More Than the Trust Document

When reviewing your plan, consider these questions:

• Are the assets intended for the trust actually held or directed to it appropriately?
• Do beneficiary designations support the overall plan? (Always check your beneficiaries to make sure they are correct every few years)
• Have new accounts or property been addressed?
• Are the trustees and backup trustees still suitable?
• Do the distribution terms reflect your current wishes and your beneficiaries’ needs?
• Can the successor trustee locate the current documents and financial records?

The bottom line: A well-written trust can still fall short if it is not properly implemented and maintained. The document, asset ownership, beneficiary forms, and supporting estate-planning documents should work together.

Review Your Trust Plan With Minter & Pollak

Whether you are creating a trust or reviewing an existing plan, understanding how your assets will actually pass is essential. Contact Minter & Pollak at 316-265-0797 to discuss your estate-planning goals and whether your trust, funding arrangements, and beneficiary designations work together. We provide free consultations for estate planning matters.

This article provides general information about Kansas estate planning and is not legal advice. Reading it does not create an attorney-client relationship. The appropriate plan depends on your circumstances, the terms of your documents, and applicable law. Consult a qualified attorney about your specific situation.

For many people, a review every three to five years is a sensible baseline. You should also revisit your estate plan promptly after a major life event. The goal is not necessarily to rewrite every document; it is to confirm that the plan still reflects your wishes, the people you want to protect, and the assets you own.

The Short Answer: Review Your Estate Plan Every 3–5 Years

A periodic review can help identify changes before they create avoidable confusion, delay, expense, or conflict. During that review, consider your will or trust, financial power of attorney, health care documents, beneficiary designations, property titling, and any business succession planning.

A regular review is especially useful because estate plans often involve more than one document. Updating a will without checking retirement-account beneficiaries or transfer-on-death designations, for example, may leave important parts of the overall plan misaligned.

Life Events That Should Prompt an Estate-Plan Review

Some changes deserve attention sooner than the next scheduled review. Consider speaking with an estate-planning attorney after any of the following:

Marriage, divorce, or a new long-term relationship

Marriage may affect inheritance rights and the people you want to name as beneficiaries, fiduciaries, or health care decision-makers. Divorce can create an urgent need to review beneficiary designations and appointments under existing documents. A new long-term relationship may also change your priorities for housing, support, blended-family planning, and decision-making authority.

Birth, adoption, or changing needs of a child or grandchild

The arrival of a child or grandchild may affect who should inherit, who should serve as guardian, and how assets should be held or managed. If a beneficiary is disabled, struggles with creditors, or is not ready to manage an inheritance directly, a tailored planning discussion may be appropriate.

Death or incapacity of a named person

Review your plan if a beneficiary, executor, trustee, guardian, agent, or health care surrogate dies or can no longer serve. Every important appointment should have a practical successor.

A significant change in assets or debt

Buying or selling a home, receiving an inheritance, starting or selling a business, acquiring investment property, or experiencing a substantial change in wealth may alter how your plan should work. New assets should also be reviewed for title and beneficiary-designation issues.

A move to another state

Estate-planning documents may remain useful after a move, but state rules and execution requirements can vary. A review with counsel in the new state can help confirm whether the existing plan remains effective and complete.  For example a move to Florida would probably necessitate updated documents as they have different rules regarding execution and other provisions related to various documents.

A change in tax, probate, trust, or beneficiary law

Changes in the law can affect planning strategies and administration. An attorney can help determine whether a legal development requires a document update or simply changes how the plan should be administered.  For example with the changes to the Federal estate taxes in the past few years complex trust arrangements are no longer necessary for most individuals allowing many estate plans to be simplified. 

Changes in family dynamics or your intended beneficiaries

Plans should reflect current relationships and intentions. If you want to add or remove a beneficiary, change a charitable gift, alter distributions, or adjust who receives family property, do not rely on informal promises or handwritten notes outside your signed documents.  What your documents say or who  you have designated as beneficiary are going to control and any oral statements or handwritten changes are likely not legal or effective.

What to Review in an Estate Plan

A thoughtful estate-plan review usually covers these items:

• Will and revocable trust: Do the dispositive provisions, fiduciary appointments, and successor provisions still match your wishes?
• Beneficiary designations: Are retirement accounts, life insurance, annuities, and payable-on-death accounts coordinated with the plan?  Have you verified the current beneficiaries are who you want with the account holder? 
• Powers of attorney: Is the financial agent trustworthy, available, and still the right person to act?
• Health care documents: Are your health care agent and treatment preferences current?
• Guardianship nominations: If you have minor children, are the nominated guardians still appropriate and willing to serve?
• Asset ownership and titling: Do deeds, account registrations, and jointly held assets work consistently with the plan?
• Digital assets and records: Can the right person locate important documents, account information, and digital property when needed?
• Business interests: Does the plan align with any buy-sell agreement, operating agreement, succession plan, or co-owner arrangement?

Estate-Plan Review Checklist

Before your next meeting, gather your current estate-planning documents and make a short list of changes since they were signed. Include changes in family members, residences, assets, debts, insurance, retirement accounts, business ownership, charitable goals, and the people you have named to act for you.  Bring your original documents to your consultation with your estate planning attorney so that they can understand your prior plan and where you want it to go.

It is also helpful to confirm that your fiduciaries know where the originals are stored. Keep documents secure, but make sure the people who may need them can locate them when the time comes.

Frequently Asked Questions

Do I need to update my will every year?

Usually not. An annual check-in can be useful, but a full update is generally most important when circumstances, assets, family relationships, or the law have materially changed. In the absence of major changes, a review every three to five years is a practical starting point.

Is updating my will enough?

Not always. A will does not control every asset. Retirement accounts, life insurance, accounts with beneficiary designations, jointly owned property, and certain transfer-on-death arrangements may pass outside the will. Review the complete plan rather than updating one document in isolation.

Can I make changes to my estate plan myself?

Informal changes can create uncertainty or conflict, and the requirements for valid changes vary by state and document type. Before altering, crossing out, or adding language to a signed estate-planning document, seek legal guidance about the appropriate method.

What happens if I never update my estate plan?

Your estate plan may no longer reflect your current wishes. An outdated fiduciary appointment, a former beneficiary, an unaddressed new asset, or a change in family circumstances can complicate administration and create unintended results.

The Bottom Line

Estate planning works best as an ongoing process—not a document you sign once and forget. Put a reminder on your calendar to review your plan every three to five years, and schedule a review sooner after a major life event or meaningful financial change.

A current estate plan can provide clarity for you and reduce uncertainty for the people you care about. If your life has changed since you last signed your documents, now is a good time to have them reviewed.

At Minter & Pollak, we help individuals and families throughout Wichita and Kansas update their estate plans based on their specific circumstances and goals.

Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your family’s future.

Photo by Scott Graham on Unsplash

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.
 

A well-designed estate plan should address what happens to your property after you die, but it should also address what happens if you become incapacitated and cannot make financial or medical decisions for yourself. Depending on your circumstances, your plan may also include a revocable trust, beneficiary designations, a Transfer on Death deed, and other documents designed to carry out your wishes.

For Kansas families, working with an experienced Kansas estate planning lawyer can help ensure that your documents work together and that your assets are properly coordinated with your overall plan.

What Is an Estate Plan?

An estate plan is a collection of legal documents and arrangements designed to address your financial and personal wishes during your lifetime, during periods of incapacity, and after your death.

There is no single set of documents that is right for everyone. A young couple with minor children may need a different estate plan than a retired couple with significant assets, a blended family, or a business owner.

A complete estate plan commonly includes several of the following documents.

1. Last Will and Testament

A Last Will and Testament explains how you want certain property distributed after your death.

Your will can:

• Identify the people or organizations you want to receive your property.
• Name an executor to administer your estate.
• Nominate a guardian for minor children.
• Establish trusts for beneficiaries, including children or other individuals who should not receive an inheritance outright.
• Provide instructions for the payment of certain debts and expenses.
• Address property that remains in your probate estate.

However, a will does not control every asset you own.

Assets that have a beneficiary designation, joint ownership, a Transfer on Death designation, or that are properly owned by a trust may pass outside of your will.

That is why simply having a will is not necessarily the same thing as having a complete estate plan.

2. Revocable Living Trust

For some Kansas families, a revocable living trust can be an important part of an estate plan. A revocable trust allows you to place assets into a trust during your lifetime while generally retaining control over those assets. You can typically serve as your own trustee while you are alive and capable. A properly funded trust can provide several benefits, including:

• Avoiding probate for assets owned by the trust.
• Providing a mechanism for managing trust assets if you become incapacitated.
• Allowing assets to pass to beneficiaries according to your instructions.
• Providing continuing management of assets for beneficiaries who may not be ready to receive an inheritance outright.
• Providing additional privacy because trust administration generally does not involve the same public probate process as assets passing under a will.

A trust is not appropriate or necessary for everyone. Whether a revocable trust makes sense depends on your assets, family circumstances, goals, and the type of estate plan you want. Importantly, creating a trust is only part of the process. Assets generally need to be properly titled or otherwise coordinated with the trust for the trust to accomplish its intended purpose. A good estate planning attorney will help get these items into your trust.

3. Durable Financial Power of Attorney

Estate planning is not just about what happens after you die. A Durable Power of Attorney for financial matters allows you to designate someone to make financial and property decisions for you if you are unable to do so yourself. Your agent may be given authority to handle matters such as:

• Banking and financial accounts.
• Real estate transactions.
• Paying bills.
• Managing investments.
• Filing taxes.
• Handling business interests.
• Dealing with insurance and other financial matters.

Without a properly executed power of attorney, your family may have to seek a court-appointed conservator or pursue another legal process if you become incapacitated and cannot manage your financial affairs. A financial power of attorney can therefore be one of the most important documents in an estate plan.

4. Durable Power of Attorney for Health Care Decisions

A Durable Power of Attorney for Health Care Decisions allows you to appoint someone to make healthcare decisions for you if you are unable to make or communicate those decisions yourself. Your healthcare agent may be called upon to communicate with doctors and other healthcare providers and make decisions consistent with your wishes. Choosing your healthcare agent is an important decision. The person you appoint should be someone you trust to make difficult decisions and advocate for your wishes.

5. Living Will

A Living Will, sometimes called an advance directive concerning end-of-life care, communicates your wishes regarding certain medical treatment if you are facing an end-of-life situation or other circumstances addressed by the document. A living will is different from a healthcare power of attorney. Your healthcare power of attorney appoints a person to make healthcare decisions. Your living will provides instructions about your wishes. These documents can work together to give your family and healthcare providers greater clarity about your preferences.

6. HIPAA Authorization or Release

Privacy laws can make it difficult for family members or other individuals to obtain your medical information without proper authorization. A HIPAA authorization or release can authorize designated individuals to receive certain protected health information. This can be particularly important if your loved ones need information from your healthcare providers while helping make medical decisions on your behalf. A HIPAA release does not necessarily give someone authority to make healthcare decisions. Instead, it helps address access to your medical information.

7. Transfer on Death Deed

Kansas law provides another useful estate planning tool: the Transfer on Death Deed. A Transfer on Death deed can allow qualifying real estate to transfer to designated beneficiaries upon the owner’s death without requiring the property to pass through probate. For some Kansas property owners, a Transfer on Death deed can be an effective component of an estate plan. However, a Transfer on Death deed must be carefully coordinated with the rest of the estate plan. Using one without considering your other assets, beneficiaries, and estate planning documents can create unintended results.

8. Beneficiary Designations

Beneficiary designations are often overlooked when people create or update an estate plan. Many financial assets allow you to name beneficiaries directly, including certain:

• Life insurance policies.
• Retirement accounts.
• Investment accounts.
• Bank accounts.
• Other financial accounts that permit beneficiary designations.

These designations can control who receives the account after your death, regardless of what your will says. For example, you might have a will leaving your estate equally to your three children while an old retirement account still names only one child as the beneficiary. The result may not be what you intended. Reviewing beneficiary designations should therefore be part of the estate planning process. We ALWAYS encourage our clients to double check all beneficiary designations even if they are sure everything is correct. We handle a lot of probates that could have been avoided had someone taken our advice.

9. Pour-Over Will (for a Trust based Estate Plan)

If your estate plan includes a revocable living trust, your attorney may recommend a pour-over will. A pour-over will generally provides that certain assets remaining in your probate estate at death should be transferred to your trust. The pour-over will does not replace the need to properly fund and maintain your trust. Instead, it serves as an additional layer of protection for assets that may not have been transferred to the trust during your lifetime.

10. Guardianship Provisions for Minor Children

Parents of minor children have additional estate planning considerations. A will can allow parents to nominate a guardian for their minor children in the event both parents die. Parents should carefully consider:

• Who would raise their children?
• Who could provide a stable home?
• Who shares their values?
• Would the proposed guardian be willing and able to serve?
• Who should manage money inherited by the children?

An estate plan can also establish trusts to control how and when children receive inherited assets. Simply leaving a substantial inheritance outright to a young adult may not be the best solution for every family. Even the best child can make terrible financial decisions when they are young.

11. Personal Property Memorandum

Some estate plans also include a personal property memorandum addressing items such as jewelry, furniture, family heirlooms, collectibles, or other personal belongings. This can provide a practical way to communicate who should receive particular items. While the legal effect of a personal property memorandum depends on the circumstances and the governing documents, it can be a useful tool for reducing confusion and family disagreements. It also allows for flexibility as the Memorandum can be changed without going to your attorney as opposed to listing those items in your will or trust.

Your Estate Plan Is More Than a Stack of Documents

One of the biggest misconceptions about estate planning is that completing the documents is the end of the process.

It isn’t.

A successful estate plan requires coordination. For example, your estate plan should include:

Will + Financial Power of Attorney + Healthcare Power of Attorney + Living Will + HIPAA Release + Beneficiary Designations + Transfer on Death Deed (or other Deeds) + Revocable Trust (if applicable)

But if your assets are not properly coordinated with your documents, your plan may not work as intended. Estate planning should therefore involve reviewing not only your legal documents but also how your assets are titled and how beneficiary designations are structured. A good estate planning attorney will help you through this process.

What Happens If You Don’t Have a Complete Estate Plan?

If you die without appropriate estate planning documents, Kansas law determines how your probate assets are distributed. If you become incapacitated without an appropriate financial or healthcare power of attorney, your family may face additional legal and practical challenges. Without a plan, your loved ones may have to make difficult decisions without knowing what you would have wanted. Estate planning allows you to make those decisions in advance, while you are able to do so.

How Often Should You Review Your Estate Plan?

An estate plan should not necessarily be created once and forgotten. You should consider reviewing your estate plan when major life events occur, including:

• Marriage or divorce.
• Birth or adoption of a child.
• Death of a beneficiary or person named as your agent.
• Significant changes in your assets.
• Purchase or sale of real estate.
• Starting or selling a business.
• Changes in relationships with beneficiaries.
• Moving to another state.
• Changes in tax or estate planning laws.

Even without a major life event, periodically reviewing your estate plan can help ensure that your documents and beneficiary designations continue to reflect your wishes.

Creating a Complete Estate Plan in Kansas

There is no universal estate plan that works for every person or family. The appropriate documents depend on your family, assets, goals, and concerns. For some people, a will and powers of attorney may provide an appropriate plan. Others may benefit from a revocable living trust, Transfer on Death deed, and more extensive beneficiary planning. The important thing is to look at the entire picture rather than simply checking the box that says you have a will.

At Minter & Pollak, we help individuals and families throughout Wichita and Kansas create practical estate plans designed around their specific circumstances and goals. Our approach is focused on providing effective, understandable estate planning without unnecessary complexity. Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your family’s future.

Photo by Joseph Barrientos on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

When creating a trust, one of the most important decisions you’ll make is choosing the right trustee. A trustee has significant legal and financial responsibilities, and selecting the wrong person—or failing to understand what the role entails—can create unnecessary complications for your loved ones.

At Minter & Pollak, we frequently answer questions from clients throughout Kansas about what a trustee does, when a trustee begins serving, and what legal obligations come with the position. Whether you’re creating a revocable living trust or have recently been named as a trustee, understanding these responsibilities is essential to ensuring a trust is administered properly.

What Is a Trustee?

A trustee is the individual or institution responsible for managing and administering a trust according to its terms and in the best interests of its beneficiaries.

When you establish a revocable living trust, you typically serve as your own trustee while you are alive and competent. You also name a successor trustee who takes over if you become incapacitated or after your death.

Unlike an executor, whose authority generally begins after death through the probate process, a successor trustee often administers assets without court supervision, making the trustee’s role especially important.

What Are a Trustee’s Duties?

Kansas trustees have a fiduciary duty to act honestly, prudently, and solely in the interests of the trust beneficiaries. This means they must place the beneficiaries’ interests above their own and follow both the trust document and applicable Kansas law.

Some of the trustee’s primary responsibilities include:

1. Protecting Trust Assets

A trustee must identify, collect, safeguard, and properly manage all assets owned by the trust. The trustee should ensure that assets are properly insured, maintained, and protected from unnecessary loss. Trust assets may include:

• Real estate
• Bank accounts
• Investment portfolios
• Business interests
• Personal property
• Digital assets

2. Following the Terms of the Trust

One of the trustee’s most important obligations is to carry out the instructions contained in the trust document. A trustee cannot simply divide assets based on personal opinions or family pressure. Instead, the trustee must administer the trust exactly as the grantor intended unless otherwise required by law.

3. Acting in the Best Interests of the Beneficiaries

Trustees owe beneficiaries a fiduciary duty of loyalty and impartiality. A trustee who violates these duties may be held personally liable for resulting losses. This means they should:

• Avoid conflicts of interest
• Treat beneficiaries fairly
• Make prudent financial decisions
• Avoid self-dealing
• Keep trust property separate from personal assets

4. Keeping Accurate Records

Good recordkeeping is one of the hallmarks of a responsible trustee. Clear documentation helps prevent misunderstandings and demonstrates that the trustee fulfilled their obligations. Trustees should maintain records of:

• Income received
• Expenses paid
• Investment activity
• Property sales
• Distributions to beneficiaries
• Tax filings

5. Communicating with Beneficiaries

Beneficiaries are generally entitled to certain information regarding the administration of a trust. Open communication often helps reduce disputes among family members. Depending on the circumstances, a trustee may need to:

• Notify beneficiaries of the trust administration
• Provide accountings
• Respond to reasonable requests for information
• Explain distributions

6. Paying Debts and Expenses

After the trust creator’s death, the trustee may be responsible for paying legitimate debts and administrative expenses from trust assets before making distributions. Proper administration helps ensure beneficiaries receive distributions in accordance with the trust’s terms. Trust expenses may include:

• Funeral expenses
• Outstanding bills
• Property maintenance
• Professional fees
• Taxes owed by the trust

7. Filing Required Tax Returns

Depending on the trust and its assets, a trustee may need to:

• Obtain a federal Employer Identification Number (EIN)
• File fiduciary income tax returns
• Coordinate with accountants
• Provide tax information to beneficiaries

Trust administration often requires coordination among attorneys, accountants, and financial advisors.

8. Distributing Trust Assets

Once debts, expenses, and taxes have been addressed, the trustee distributes the remaining trust assets according to the trust instructions. Some trusts require immediate distributions. The trustee must continue managing the trust until all obligations have been satisfied. Until the Trust is terminated the Trustee provides ongoing asset management for:

• Minor children
• Individuals with disabilities
• Spendthrift beneficiaries
• Blended families
• Long-term charitable planning

Can a Trustee Be Personally Liable?

Yes. Because trustees serve in a fiduciary capacity, they may be held personally liable if they:

• Mismanage trust assets
• Engage in self-dealing
• Ignore the trust terms
• Fail to keep proper records
• Make improper distributions
• Neglect their fiduciary duties

Fortunately, most trustee problems can be avoided through proper legal guidance and careful administration.

Who Should You Choose as Trustee?

Choosing the right trustee is just as important as creating the trust itself. Many people select:

• A spouse
• An adult child
• A trusted family member
• A close friend
• A professional fiduciary
• A corporate trustee

The best trustee is someone who is:

• Honest
• Organized
• Financially responsible
• Able to communicate effectively
• Willing to devote the necessary time
• Comfortable making difficult decisions

Many people are hesitant to name a professional fiduciary, corporate trustee or bank trust department as they worry about the costs, but often the costs are less than people expect. Naming a neutral third party can also ensure that your wishes are complied with and almost always reduce family conflict.

Kansas Trust Laws Matter

Kansas has adopted the Kansas Uniform Trust Code, which governs many aspects of trust creation, administration, trustee powers, beneficiary rights, and fiduciary responsibilities. While the law provides trustees with certain powers, it also imposes strict duties that must be followed throughout the administration of the trust. Because every trust is different, trustees often benefit from legal advice to ensure they are complying with both the trust document and Kansas law.

How Minter & Pollak, LC Can Help

Serving as a trustee can be both an honor and a significant responsibility. Whether you are creating a trust, selecting a trustee, or administering a loved one’s trust, experienced legal guidance can help you avoid costly mistakes.

At Minter & Pollak, LC, we help clients throughout Kansas with:

• Revocable living trusts
• Trust administration
• Trustee guidance
• Estate planning
• Probate avoidance strategies
• Asset protection planning

Our attorneys work closely with trustees and families to ensure trusts are administered efficiently, legally, and according to the grantor’s wishes.

We are committed to helping Kansas families protect their assets, preserve their legacies, and provide peace of mind for future generations. If you have questions about trustee responsibilities or need assistance with trust administration, contact Minter & Pollak Law Firm at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your family’s future.

Frequently Asked Questions

Does a trustee own the trust property?

No. A trustee holds legal title to trust property solely for the benefit of the trust beneficiaries. The trustee must manage the assets according to the trust’s terms and applicable law.

Can a trustee pay themselves?

In many cases, yes. Trustees are often entitled to reasonable compensation if permitted by the trust document or applicable law. The amount should be appropriate for the work performed.

When does a successor trustee take over?

For a revocable living trust, a successor trustee generally begins serving when the original trustee becomes incapacitated or passes away, as provided in the trust document.

Photo by Karolina Grabowska on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Understanding which assets belong in a trust—and which generally should not—can help you avoid probate, protect your loved ones, and simplify the administration of your estate.

Why Put Assets Into a Trust?

A properly funded revocable living trust offers several important advantages:

• Avoids probate for assets titled in the trust
• Provides continuity if you become incapacitated
• Maintains greater privacy than a probate proceeding
• Simplifies the transfer of assets after your death
• Allows you to control how and when beneficiaries receive their inheritance

However, these benefits only apply to assets that are actually transferred into the trust.

Assets That Should Usually Be Put Into a Trust

1. Real Estate

For many families, real estate is the most valuable asset they own and one of the most important assets to place in a trust. This includes:

• Your primary residence
• Vacation homes
• Rental properties
• Vacant land
• Commercial property

Transferring real estate into a trust generally requires preparing and recording a new deed naming the trust as the owner. Doing so can help your heirs avoid the delays and expenses associated with probate. If you own commercial properties you should discuss transferring them to a corporate structure like a Limited Liability Company to provide additional asset protection.

2. Bank Accounts

Checking accounts, savings accounts, money market accounts, and certificates of deposit (CDs) can often be retitled into your trust. Keeping these accounts in your trust allows your successor trustee to access them if you become incapacitated and enables a smoother transfer after your death. CDs are very important to have in the name of the Trust as beneficiary designations are often missed on these as individuals rate shop often having accounts at multiple banks.

3. Brokerage and Investment Accounts

Many investment accounts can also be transferred into a revocable living trust, including:

• Individual brokerage accounts
• Stocks
• Bonds
• Mutual funds
• Exchange-traded funds (ETFs)

Rather than freezing during probate, these assets can continue to be managed by your successor trustee. This does not include retirement accounts which are discussed later in this article.

4. Business Interests

If you own a business, your ownership interest may be an excellent candidate for your trust. Examples include:

• LLC membership interests
• Shares in a closely held corporation
• Partnership interests
• Sole proprietorship assets
• Individually owned certificated stocks

Business succession planning is a critical part of an overall estate plan.

5. Valuable Personal Property

A trust may also own valuable tangible personal property, such as:

• Jewelry
• Artwork
• Antiques
• Firearms (subject to applicable laws)
• Collectibles
• Family heirlooms

Many attorneys prepare a general assignment transferring household personal property into the trust while separately addressing especially valuable items. These assignments will also include any personal property that you obtain in the future.

6. Intellectual Property and Digital Assets

Today’s estates often include:

• Copyrights
• Trademarks
• Royalties
• Domain names
• Cryptocurrency
• Digital business assets

These assets should be reviewed individually to determine the best ownership structure.

Assets That Generally Should NOT Be Put Into a Trust

Not every asset belongs in a revocable living trust.

Retirement Accounts

Generally, you should not retitle:

• 401(k)s
• Traditional IRAs
• Roth IRAs
• 403(b)s

Changing ownership can trigger unintended tax consequences. Instead, these accounts typically pass through properly designated beneficiaries. Attorneys can advise you when a Trust should be a beneficiary of these types of accounts.

Health Savings Accounts (HSAs)

HSAs also have unique tax rules and are generally left outside a revocable trust.

Certain Life Insurance Policies

While the proceeds of life insurance may ultimately benefit your trust through beneficiary designations, ownership of the policy itself should be evaluated carefully because different strategies may apply depending on your goals.

Everyday Vehicles

Cars, trucks, motorcycles, and recreational vehicles are often left outside a trust in many states because the probate advantages may be minimal compared to the paperwork involved. State law should always be considered before making this decision. Also, speak with your attorney as there might be state specific ways to transfer a vehicle while avoiding probate such as transfer on death designations on your title.

Funding Your Trust Is Essential

One of the biggest mistakes people make is creating a trust but never transferring their assets into it. Simply listing an asset in your trust document does not place it in the trust. Ownership must actually be changed through the appropriate legal documents, such as deeds, account registrations, assignments, or beneficiary designations. This process is known as funding the trust, and it is one of the most important parts of effective estate planning.

Every Estate Is Different

The right assets for your trust depend on factors such as:

• The size of your estate
• Your family circumstances
• Age of your beneficiaries
• Whether you own a business
• Tax considerations
• Multiple-state property ownership
• Your long-term planning goals

There is no one-size-fits-all solution.

Let Minter & Pollak Help

At Minter & Pollak, we help individuals and families create customized estate plans that protect what matters most. Whether you’re creating a new revocable living trust or reviewing an existing plan, we’ll help ensure your trust is properly funded and designed to meet your unique goals.

A well-crafted trust is only effective if the right assets are placed into it. Our experienced estate planning attorneys can guide you through every step of the process so your loved ones receive the protection and peace of mind you intended.

Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your family’s future.

Photo by Getty Images on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

“What is estate planning?”

This is a question I’m asked all the time.  An estate plan is a set of documents that lays out your wishes regarding who can take care of your assets, your person and your family if you are unable to do so.  The focus is often on older generations to get their estate plan in order, however, estate planning is important at every stage of life.

Young Adults

The minute you turn 18, your parents no longer have automatic decision-making authority on your behalf.  This can create problems if you are in an accident or have a medical emergency that leaves you unable to handle your affairs and make medical decisions.  A further complicating factor is if your parents are divorced or don’t get along, and they can’t agree on who should make decisions on your behalf.  If you sign powers of attorney, you get to designate who you want to handle your financial affairs and your medical decisions if you are unable to do so.  The person you choose does not need to be one of your parents.

New Homeowners

Once you own assets like a house, estate planning is critical because if you were to pass away or become incapacitated without an estate plan in place, costly court proceedings would be necessary to be able to take care of your house.  This can be avoided by having the appropriate documents. A durable power of attorney can handle the possible sale of your house during your lifetime if you became incapacitated and a Transfer on Death Deed would allow your house to transfer to a chosen beneficiary upon your death to avoid a probate proceeding.  

New Parents

Leaving the kids home for the first time to go out of town often leads to a couple’s first meeting with an estate planning attorney. Parents want to make sure their affairs are in order in case something happens on their trip.  The biggest decisions to be made are who will take care of your children if you can’t and how will your assets be used for their care.  If you don’t make these choices yourself, your family could fight over guardianship, and your children might end up with family members you don’t want to raise them.  The best way to avoid this scenario is to make your desires clear in a comprehensive estate plan that protects your children and preserves your assets for their care.

Empty Nesters

You did it – you have raised your children, and they are now adult members of society. However, if you already made an estate plan when your kids were young it might be outdated or no longer meet your family’s current needs.  Or the people you chose years ago are no longer the people you would choose today to handle your affairs.  This is a great time to update your estate plan or get an estate plan in place to make sure if the worst were to happen, your children could make decisions on your behalf with a power of attorney or handle your estate.  

Retirees

This is the point when most people start to think “I really need to get something done” and still don’t reach out to set up an appointment.  If you wait too long, you may no longer have the mental capacity to sign documents or you could die suddenly.  Under either of these scenarios, getting your estate in order is a great gift to your family as it avoids leaving a costly mess for them to clean up after your death or disability.  That mess might include not having powers of attorney in place if you have a stroke, leaving your family to go to court to get control of your finances and make medical decisions for you.  Or it could mean having to start a costly and time consuming probate process in order to transfer your estate to your family. Both situations can be avoided with a well-drafted estate plan.  

Next Steps

I am sure as you read this, you realize that you or someone you love falls into one of the categories above. So what should the next step be?  You need to reach out to a Kansas Estate Planning attorney to start the process of getting an estate plan in place. 

Our firm, Minter & Pollak provides free consultations for estate planning matters.  We try to get you in within seven days of your initial contact and have documents ready in two weeks of your consultation, schedule permitting. 

We make it simple. There is no need to bring in lots of information for your initial consultation, we just need you and a general idea of your assets and family dynamics.  From there we provide a flat fee estimate for the estate plan that best fits your family. 

If you are interested in a free consultation please call us at 316-265-0797 or visit our website.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we help individuals throughout Kansas review and update estate planning documents following major life changes, including divorce.

Why Estate Planning Should Be Updated After Divorce

Many estate planning documents created during marriage name a spouse in important decision-making roles. After divorce, those designations may no longer reflect your wishes.

Outdated documents can create confusion and legal disputes involving:

• Inheritance rights
• Financial control
• Medical decision-making
• Guardianship nominations
• Beneficiary distributions

Reviewing your estate plan after divorce helps ensure your wishes remain current and legally enforceable.

Important Estate Planning Documents to Review

Last Will and Testament

In Kansas upon divorce, any provision in your will to the benefit of your ex-spouse is revoked. Therefore, it is a good idea to execute an updated will soon after divorce. Important updates may include:

• Removing a former spouse as beneficiary
• Naming a new executor
• Updating guardianship provisions for minor children
• Revising inheritance instructions

Although Kansas law may automatically revoke certain provisions involving a former spouse and their relatives, relying on automatic legal changes can create unnecessary complications.

Financial Power of Attorney

Many married individuals name their spouse as financial agent. This designation is automatically revoked under Kansas law, however, unless the party relying upon the Power of Attorney is aware of the divorce, they could still be allowed to use the document to transact business on your behalf. Therefore, it is important to revoke any current power of attorney and make all parties that had previously received a copy aware of the revocation.

Medical Power of Attorney and HIPAA Release

Healthcare decision-making authority should also be reviewed after divorce. Just like your power of attorney, your ex-spouse is automatically removed from your Medical Power of Attorney upon the divorce being finalized. Again your health care provider might not be aware of the divorce leaving uncertainty. Steps should be taken to formally revoke your current documents and execute new ones.

Beneficiary Designations

One of the most commonly overlooked issues after divorce involves beneficiary designations on:

• Life insurance policies
• Retirement accounts
• Payable-on-death accounts
• Transfer-on-death deeds

These designations often override instructions in a will or trust. Failing to update beneficiaries can result in assets passing to unintended individuals. While Kansas law does provide that certain beneficiary designations will be revoked upon the entry of a decree of divorce or an annulment it does not apply to accounts like 401(k)s that are governed by federal law. We often see that the ex-spouse receives the retirement accounts and not the children or the new wife. Further, if a bank was not made aware of the divorce, it is free to remit the funds to the designated individual even if the law revoked the designation.

Blended Family Planning After Remarriage

After divorce, many individuals eventually remarry and create blended families. Estate planning becomes even more important in these situations to balance:

• Spousal protections
• Children from prior relationships
• Separate property concerns
• Inheritance expectations

Without proper planning, unintended disputes can arise between surviving spouses and children.

Common Mistakes After Divorce

• Forgetting to Update Beneficiaries. This is one of the most common and costly mistakes.
• Assuming Divorce Automatically Changes Everything. Not all assets and legal documents are automatically updated by divorce.
• Delaying Estate Plan Reviews. The sooner estate planning documents are updated, the better protected you and your family will be.
• Failing to Coordinate Financial Accounts. Estate plans should align with account ownership and beneficiary designations.

When Should You Update Your Estate Plan?

Ideally, estate planning updates should occur:

• During the divorce process when appropriate
• Immediately after the divorce becomes final
• After remarriage
• After significant financial changes
• Whenever family circumstances change

Regular reviews help ensure your documents continue to reflect your wishes.

Work With a Wichita Estate Planning Attorney

At Minter & Pollak we help Kansas individuals and families create and update estate plans that reflect changing life circumstances. Call our office today at 316-265-0797 or click here to schedule a free consultation if you recently experienced a divorce and need to review your will, trust, powers of attorney, or beneficiary designations.

Photo by Getty Images on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we help Kansas families prepare for the future with estate planning documents designed to protect aging adults and provide clarity during emergencies. Proper planning can help families avoid court involvement, reduce stress, and ensure a loved one’s wishes are respected.

Why Legal Planning for Aging Parents Matters

Without the proper legal documents in place, adult children may face significant obstacles when trying to help aging parents with:

• Medical decisions
• Financial management
• Accessing healthcare information
• Paying bills
• Long-term care planning

In some cases, families may need to pursue a guardianship or conservatorship through the court system if incapacity occurs before planning is completed. Creating estate planning documents early can help avoid these costly and time-consuming proceedings.

Essential Legal Documents for Aging Parents

Durable Financial Power of Attorney

A durable financial power of attorney allows a trusted individual to handle financial matters if a person becomes incapacitated.

This may include:

• Paying bills
• Managing bank accounts
• Handling investments
• Filing taxes
• Managing property transactions

Without this document, family members may not have legal authority to assist with financial affairs.

Medical Power of Attorney

A medical power of attorney allows someone to make healthcare decisions if the individual cannot communicate their wishes.

This document can become critically important during:

• Hospitalizations
• Medical emergencies
• Cognitive decline
• Serious illness

Living Will

A living will outlines a person’s wishes regarding life-sustaining medical treatment in certain situations. This document can help guide family members and healthcare providers when difficult end-of-life decisions arise.

HIPAA Authorization

Many families are surprised to learn that privacy laws may prevent doctors from discussing medical information without written authorization. A HIPAA release allows designated individuals to access important medical information and communicate with healthcare providers.

Last Will and Testament

A will allows parents to specify how assets should be distributed after death and who will handle the administration of the estate. Without a valid will, Kansas intestacy laws determine how property is distributed.

Revocable Living Trust

For some families, a revocable living trust may provide additional benefits, including:

• Probate avoidance
• Privacy
• Easier asset management during incapacity
• Simplified administration after death

Trust planning may be especially useful for families with significant assets, real estate, or blended family dynamics.

Signs It May Be Time to Update an Aging Parent’s Estate Plan

Families should review estate planning documents regularly, especially when:

• Health conditions change
• A spouse passes away
• A move to assisted living occurs
• Financial circumstances change
• Family relationships shift
• Agents or beneficiaries are no longer appropriate

Outdated documents can create unnecessary complications during emergencies.

Starting the Conversation With Aging Parents

Many adult children struggle to discuss estate planning with their parents. The conversation can feel uncomfortable, but delaying planning often creates greater stress later.

Helpful approaches include:

• Focusing on preparedness rather than fear
• Discussing healthcare wishes first
• Explaining that planning helps reduce burdens on the family
• Encouraging parents to maintain control over their decisions while they are able

Avoiding Guardianship Proceedings

One of the most important reasons to complete estate planning documents early is to reduce the risk of court intervention later. If incapacity occurs without powers of attorney in place, loved ones may need to pursue guardianship or conservatorship proceedings in Kansas court. These proceedings can be expensive, time-consuming, and emotionally difficult for families.

Work With a Wichita Estate Planning Attorney

At Minter & Pollak we help Kansas families create estate plans that protect aging parents and provide peace of mind during life’s transitions.

If your family needs assistance with powers of attorney, healthcare directives, wills, trusts, or incapacity planning, call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Getty Images on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we often see families relieved after finally having these important conversations. Estate planning is not only about legal documents—it is about protecting the people you love and making sure your wishes are understood.

Why Family Conversations About Estate Planning Matter

When families avoid discussing estate planning, loved ones are often left making difficult decisions during stressful situations. This can lead to misunderstandings, disagreements, and uncertainty about what the person truly wanted.

Open communication can help families:

• Understand healthcare and financial wishes
• Reduce future family conflict
• Clarify who will serve in important roles
• Avoid surprises after incapacity or death
• Ensure children and loved ones are protected

Estate planning conversations are especially important for Kansas families with:

• Minor children
• Blended families
• Aging parents
• Family-owned businesses or farms
• Assets or real estate
• Disabled beneficiaries

When Should You Have the Conversation?

The best time to discuss estate planning is before an emergency occurs. Waiting until a health crisis or sudden loss often makes the conversation more difficult.

Important life events that should prompt estate planning discussions include:

• Marriage
• Divorce
• Birth of a child
• Retirement
• Serious illness
• Purchasing a home
• Starting a business
• Death of a family member

Even young adults over the age of 18 should have basic estate planning documents in place, including powers of attorney and healthcare directives.

How to Start the Conversation

Many people worry they will say the wrong thing or create tension within the family. In reality, most conversations go better than expected when approached thoughtfully.

1. Choose the Right Time. Avoid bringing up estate planning during stressful family events or emergencies. Instead, choose a calm and private setting where everyone can focus.
2. Keep the Focus on Protection. Estate planning is not about money alone. Focus the conversation on:
   • Protecting loved ones
   • Making healthcare wishes known
   • Reducing burdens on family members
   • Avoiding confusion in emergencies
3. Start Small. You do not have to discuss every detail at once. Even a simple conversation about who would help during an emergency can open the door to more detailed planning later.
4. Be Honest About Your Goals. Sharing your reasons for estate planning can help family members better understand your decisions. For example:
   • “I want to make things easier for the family.”
   • “I want to avoid conflict later.”
   • “I want my healthcare wishes respected.”

Important Topics to Discuss

Every family situation is different, but common estate planning topics include:

1. Wills and Trusts
2. Guardianship of Minor Children
3. Financial Powers of Attorney
4. Medical Powers of Attorney and Living Wills
5. Beneficiary Designations

Common Mistakes Families Make

1. Avoiding the Conversation Entirely. Silence often creates more stress and uncertainty later.
2. Assuming Loved Ones Already Know Your Wishes. Many people believe their family “already knows” what they want, only for disagreements to arise after a crisis occurs.
3. Waiting Too Long. Unexpected accidents and illnesses can happen at any age.
4. Failing to Update Documents. Estate plans should be reviewed regularly, especially after major life changes.

Estate Planning Helps Provide Peace of Mind

Having these conversations now can help your loved ones feel more prepared and supported in the future. Estate planning is one of the most meaningful ways to protect your family and reduce unnecessary stress during difficult times. Working with an experienced Kansas estate planning attorney can help ensure your wishes are clearly documented and legally enforceable.

Speak With a Wichita Estate Planning Attorney

At Minter & Pollak we help Kansas families create personalized estate plans that protect what matters most. Whether you need a will, trust, powers of attorney, or guidance on family planning conversations, our team is here to help. Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that provides your family peace of mind.

Photo by Getty Images on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Why Business Succession Planning Matters in Kansas

Kansas is home to thousands of family-owned and closely held businesses, many of which are the backbone of their communities. Yet studies show that most small business owners have no succession plan in place.

Without one, retirement, disability, or sudden death can leave a business in turmoil. For Kansas companies, especially family-owned farms, retail shops, and professional practices, lack of planning often results in conflict, financial loss, or even business closure.

At Minter & Pollak we help Kansas business owners protect their legacy through customized succession planning strategies. Here’s what you need to know.

What Is Business Succession Planning?

Succession planning is the process of preparing for the transfer of ownership and management of your business. It ensures that your company:

• Continues to operate smoothly after major changes
• Protects the financial interests of your family and employees
• Reduces the risk of disputes among heirs or partners
• Minimizes taxes and administrative costs

In short: it’s about protecting your life’s work and ensuring the business thrives for the next generation.

Common Succession Challenges in Kansas

Family-Owned Businesses

Kansas has a strong tradition of family farming and small-town businesses. But transferring a family business brings unique challenges:

• Which children (if any) will take over?
• How do you treat children fairly if some work in the business and others don’t?
• Will heirs want to sell, or continue operations?

Closely Held Partnerships

For LLCs and partnerships in Wichita or elsewhere in Kansas, disputes may arise if one partner wants to exit or passes away. Without planning, their share may pass to a spouse or heir who is not prepared to manage.

Professional Practices

Doctors, dentists, and lawyers often face restrictions on who can own their practice. Succession planning ensures compliance with Kansas licensing laws.

Key Elements of a Kansas Succession Plan

1. Identify Future Leadership

• Decide who will manage daily operations after you leave.
• Consider grooming a family member, partner, or key employee.
• Evaluate whether outside management might be better.

Kansas Example: A Wichita manufacturing business may choose to pass ownership to children but hire a professional manager to run day-to-day operations.

2. Establish Ownership Transfer Rules

• Clearly define how ownership interests may be sold or transferred.
• Create buy-sell agreements that specify valuation and funding methods.
• Protect the company from falling into the hands of outsiders.

3. Choose a Valuation Method

Business value often becomes a point of dispute. Decide in advance whether value will be determined by:

• Appraisal by a Kansas CPA or valuation expert
• A fixed formula (e.g., multiple of earnings)
• A buy-sell agreement provision

4. Plan for Taxes and Liquidity

Without careful planning, heirs may face significant estate taxes or lack the cash to buy out interests. Strategies include:

• Life insurance to fund buyouts
• Gifting strategies during life
• Trusts to minimize estate taxes under Kansas and federal law

5. Integrate with Your Estate Plan

Business succession planning must align with your will, trust, and powers of attorney. For example:

• Ensure your trustee or executor has clear instructions.
• Prevent conflicting documents that cause delays in probate.
• Use revocable living trusts to transfer ownership outside of Kansas probate courts.

6. Create a Timeline for Transition

Transitions work best when gradual. A phased approach allows:

• Mentorship of new leadership
• Employee and customer confidence
• A smoother financial transition

Succession Planning Tools in Kansas

• Buy-Sell Agreements – Prevent disputes between partners or heirs
• Family Limited Partnerships (FLPs) – Consolidate business ownership and reduce estate taxes
• Grantor Trusts – Transfer business assets while retaining control
• Life Insurance Trusts – Provide liquidity for buyouts or estate taxes

Case Study: Kansas Family Business Transition

A Wichita-based auto repair shop had three children, but only one worked in the business. Without a plan, ownership would have been split equally under Kansas intestacy law. By working with an attorney, the parents created a trust that left the business to the child involved in operations, while life insurance proceeds provided equal value to the other two children. The plan preserved both family harmony and business continuity.

FAQs About Kansas Business Succession Planning

When should I start succession planning?
The earlier the better. Many Kansas business owners begin planning 5–10 years before retirement.

Do I need a lawyer to create a succession plan?
Yes. Kansas succession planning involves legal, tax, and financial issues that require professional guidance.

Can I pass my business directly through my will?
You can, but doing so may trigger probate and disputes. A succession plan outside of probate often works better.

What happens if I die without a plan?
Kansas intestacy law will control distribution, which may not reflect your wishes and could jeopardize the business.

Final Thoughts

Business succession planning is about protecting your company, your employees, and your family’s future. By creating a plan now, you ensure a smooth transition—whether to family, partners, or a buyer.

At Minter & Pollak we guide Kansas business owners through every step of succession planning. From drafting buy-sell agreements to integrating estate planning tools, we ensure your business continues to thrive for years to come.

📞 Contact us today at 316-265-0797 to start your Kansas business succession plan with our free estate planning consultation.

Photo by Luemen Rutkowski on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Many Kansas families worry about what will happen to the mortgage on a home after a loved one passes away. A common concern is whether the bank can call the loan due immediately under the “due-on-sale” clause. Fortunately, federal law provides important protections that can give heirs time and flexibility.

What is a Due-on-Sale Clause?

Most mortgages include a “due-on-sale” clause. This clause allows the lender to demand full repayment of the loan if the property is transferred to someone else. For example, if you sell your home, the lender can require the entire balance to be paid right away rather than allowing the buyer to assume the loan.

How Death Impacts the Clause

When someone dies, ownership of their home typically transfers to heirs through a will, trust, or the probate process. Technically, this transfer could trigger the due-on-sale clause, which worries many families.

However, there’s good news: federal law protects families in these situations.

The Garn-St. Germain Act: Federal Protection

The Garn-St. Germain Depository Institutions Act of 1982 limits when lenders can enforce a due-on-sale clause. Under this law, lenders cannot enforce the clause when a property is transferred due to the death of the borrower to:

• A surviving spouse
• A child or other relative
• A joint tenant who already owned part of the property
• A living trust (if the borrower was a beneficiary)

This means heirs generally do not have to pay off the mortgage immediately after a loved one’s death. Instead, they can step in and continue making regular payments. This can be important if the loan has a low interest rate.

What Heirs Should Know

Even though the lender cannot demand immediate repayment, heirs still need to:

• Keep payments current – Falling behind could still lead to foreclosure. Once the loan becomes 120 days past due the lender can begin the foreclosure process.
• Communicate with the lender – Notify the bank of the borrower’s death and provide documentation (such as a death certificate or letters of administration).
• Decide long-term plans – Heirs may choose to keep the property, refinance the loan, or sell the home.

Why Planning Ahead Matters

While federal law offers protection, estate planning can make the process much smoother. A well-drafted estate plan—such as using a revocable living trust or naming beneficiaries—can help avoid probate and ensure your loved ones can transition into homeownership with fewer complications.

Final Thoughts

Due-on-sale clauses can sound intimidating, but federal law protects families when property transfers occur because of death. With proper estate planning, you can ensure your loved ones not only inherit your home but also the peace of mind that comes with knowing the mortgage won’t suddenly become due.

If you have questions about estate planning or how to protect your family’s home, our team at Minter & Pollak is here to help. Call us at (316) 265-0797 or click here to schedule your free estate planning consultation.

Photo by Getty Images on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

In this post, we’ll bust some of the most common estate planning myths we hear from Kansas families and explain what you really need to know.

Myth #1: “Estate planning is only for the wealthy.”

The Reality:
An estate plan benefits everyone—not just people with large estates. Even if you don’t own significant property, you still need documents like a will, a transfer on death deed, a power of attorney, and healthcare directives. These ensure your assets are distributed according to your wishes and that someone you trust can make decisions if you can’t.

Myth #2: “A will is enough.”

The Reality:
A will is an important part of an estate plan, but it’s not the whole picture. In Kansas, assets like life insurance policies, retirement accounts, and jointly owned property pass outside of your will. Additionally, a will does not avoid probate, which can be time-consuming and costly. Trusts, beneficiary designations, and transfer-on-death deeds are additional tools that may help your family avoid probate.

The will also does not provide for help during your life if you were to become incapacitated, for that you need powers of attorney. More information regarding powers of attorney can be found here.

Myth #3: “My family will know what to do.”

The Reality:
Without a written plan, Kansas law decides who inherits your assets. This may not match your wishes and can create stress or conflict for your family. Clear instructions remove uncertainty and prevent disputes, especially in blended families or families with complex dynamics.

Myth #4: “Estate planning is only about money.”

The Reality:
While distributing property is a key part of an estate plan, it’s not the only one. A complete estate plan also includes:

• Healthcare directives (your wishes for medical treatment)
• Durable powers of attorney (who can handle your finances during your life if you cannot)
• Guardianship nominations (who should care for minor children)

These decisions are just as important as dividing assets.

Myth #5: “Once I create my estate plan, I’m done.”

The Reality:
An estate plan is not “set it and forget it.” Major life events—marriage, divorce, birth of a child, retirement, or moving to a new state—should trigger an update to your plan. Kansas law and your family’s circumstances can change, and your estate plan should evolve with them.

More information regarding when to update your estate plan can be found here.

Why Kansas Families Shouldn’t Wait

Putting off planning leaves your loved ones vulnerable to confusion, conflict, and unnecessary expenses. By addressing these myths head-on, you can take control of your future and ensure your family is protected.

Conclusion
Estate planning doesn’t have to be complicated—but waiting too long or relying on myths can create serious problems for your loved ones. With guidance from an experienced Kansas estate planning attorney, you can create a plan that reflects your wishes, avoids probate when possible, and provides peace of mind.

More information regarding creating an estate plan can be found in our blog.

At Minter & Pollak we help Kansas families create clear and effective estate plans tailored to their needs.

Call our office today at 316-265-0797 or click here to schedule a free consultation.

Photo by Kyle Glenn on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Why Include Charitable Giving in Your Estate Plan?

There are both personal and financial benefits to incorporating charitable gifts:

• Personal Legacy: You ensure that the organizations you value continue to benefit from your support.
• Tax Savings: Charitable donations can reduce estate, income, or capital gains taxes.
• Flexibility: You can choose to make a gift during your lifetime, at death, or through a trust that benefits both your family and a charity.

Common Ways to Give

1. Bequests in a Will or Trust

The simplest option is to leave a set dollar amount, percentage, or specific asset to a charity through your will or trust.

2. Beneficiary Designations

You can name a nonprofit as a beneficiary of your retirement account or life insurance policy. This avoids probate and often provides tax advantages.

3. Charitable Remainder Trusts (CRTs)

A CRT allows you or your loved ones to receive income during your lifetime, with the remainder going to charity after your death. This strategy can reduce taxes and provide long-term support for your chosen cause.

4. Donor-Advised Funds (DAFs)

DAFs let you make contributions during your lifetime, receive an immediate tax deduction, and recommend grants to charities over time.

Balancing Family and Philanthropy

Many clients worry that charitable giving may take away from their family’s inheritance. The good news is that with careful planning, you can support your loved ones and your favorite organizations. For example:

• Use life insurance proceeds to benefit children while leaving retirement accounts to charity.
• Divide your estate into “shares” allocated between family members and nonprofits.
• Create a trust that provides income to your family first, then passes to charity.

Avoiding Common Mistakes

• Not Updating Your Plan: Ensure charities are still active and aligned with your values.
• Failing to Specify Details: Clearly name the organization and include tax ID numbers to avoid confusion.
• Overlooking Tax Implications: Work with a tax professional to maximize tax benefits.

Charitable giving is a powerful way to reflect your values and make a difference long after you’re gone. By incorporating nonprofits into your estate plan, you create a legacy that benefits both your family and your community.

At Minter & Pollak we help Kansas families explore charitable giving strategies that align with their goals. Call us today at (316) 265-0797 or click here to schedule your free consultation to learn how charitable planning can become part of your estate plan.

For additional information regarding estate planning please see our other blog posts here.

Photo by Katt Yukawa on Unsplash.

Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

An estate plan tailored to blended families can ensure fairness, minimize disputes, and provide peace of mind that your wishes will be carried out.

Why Blended Families Face Unique Estate Planning Challenges

Unlike traditional nuclear families, blended families often involve competing interests. Some of the common challenges include:

• Children from Previous Marriages: Without a plan, children from a first marriage may be unintentionally disinherited if all assets pass to the surviving spouse.
• Stepchildren: In Kansas, stepchildren have no automatic inheritance rights unless legally adopted.
• Conflict Between Spouse and Children: Surviving spouses may want security, while children from a prior relationship may want immediate inheritance.
• Unequal Assets: Families may have assets they want to keep separate (such as property brought into the marriage) versus assets they want to share.

These challenges underscore the importance of having clear, legally binding instructions.

Tools for Blended Family Estate Planning

1. Revocable Living Trusts

A revocable living trust is one of the most powerful tools for blended families. It allows you to:

• Distribute assets to your spouse during their lifetime.
• Guarantee that remaining assets pass to all your children after your spouse’s death.
• Avoid probate, which can be time-consuming and public.

Trusts give you flexibility and control while reducing the risk of family disputes.

2. Beneficiary Designations

Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override a will. It’s essential to review these designations regularly to ensure they reflect your current family situation.

3. Prenuptial and Postnuptial Agreements

These agreements can outline financial responsibilities and inheritance expectations, especially in later-in-life marriages. They are particularly helpful for preserving family property or businesses for children from a prior marriage.

4. Wills and Specific Bequests

A well-drafted will can specify personal property or heirlooms that should go directly to children or stepchildren, preventing misunderstandings.

Balancing Fairness and Family Harmony

Estate planning for blended families often involves balancing the needs of your spouse with the interests of your children. Some strategies include:

• Leaving certain assets outright to children while placing others in trust for your spouse.
• Using life insurance to provide for one party (such as children) while leaving other assets to your spouse.
• Having open conversations with your family about your decisions to avoid surprises later.

What Happens Without a Plan in Kansas?

If you die without a will (intestate) in Kansas, the law distributes assets to your spouse and biological children. Stepchildren are excluded, and the division between spouse and children may not reflect your wishes. This can create resentment and conflict that could have been avoided with a clear plan.

See our blog post regarding intestate succession here.

Blended families deserve estate plans that honor the complexities of their relationships. With the right tools, you can provide for your spouse, protect your children, and avoid costly disputes.

At Minter & Pollak we work with Kansas families to design estate plans that fit their unique circumstances. Call our office today at 316-265-0797 or click here to schedule a free consultation to create a plan that protects your blended family’s future.

For additional information regarding Kansas Estate Planning please see our blog here.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

What Does an Executor Do in Kansas?

An executor (sometimes called a personal representative) is appointed in your last will and testament to handle your estate after you pass away. In Kansas, this process takes place through the district court in the county where you resided at the time of your death.

An executor’s duties may include:

• Filing the original will with the Kansas probate court
• Notifying beneficiaries and creditors
• Collecting and managing estate assets
• Paying outstanding debts and taxes
• Distributing property as directed in the will

Because probate in Kansas can take at minimum six months, your executor should be someone who is responsible, organized, and willing to work with attorneys and the court system.

What Does a Trustee Do in Kansas?

A trustee manages the assets held in a revocable or irrevocable trust. Unlike an executor, a trustee’s work usually takes place outside of probate court, which often saves time and money.

Trustee responsibilities include:

• Managing and investing trust assets wisely
• Following the instructions in the trust document
• Making distributions to beneficiaries as required
• Keeping accurate records and providing reports
• Acting in the best interests of the beneficiaries

Because a trust may last for many years, a trustee’s role can be long-term and ongoing, requiring consistent attention and judgment.

Executor vs. Trustee: Key Differences

• Court Oversight: Executors work under probate court supervision, while trustees generally do not.
• Duration: An executor’s role typically ends once the estate is settled. A trustee may serve for many years.
• Responsibilities: Executors handle estate administration, debts, and taxes. Trustees manage trust property and ongoing distributions.

How to Choose the Right Executor or Trustee

When choosing someone for either role in Kansas, look for a person who is:

• Honest and trustworthy
• Financially responsible
• Good at communication and organization
• Willing to seek legal or financial guidance

Some families choose a relative, while others prefer a professional trustee or corporate fiduciary, especially when assets are complex or family relationships are sensitive.

For guidance, you may want to speak with a Kansas estate planning attorney who can help you evaluate your options.

FAQs About Executors and Trustees in Kansas

Who can be an executor in Kansas?
In Kansas, an executor (personal representative) must be at least 18 years old and of sound mind. Many people choose a spouse, adult child, or trusted friend, but you may also appoint a professional or corporate fiduciary.

Do executors in Kansas get paid?
Yes. Executors are entitled to “reasonable compensation” for their work. This is often based on a percentage of the estate or an hourly rate, depending on the complexity of the estate.

Does a trustee have to go through probate in Kansas?
No. One of the main advantages of creating a living trust in Kansas is that it avoids probate. Trustees manage and distribute trust assets directly, without court involvement.

Can one person serve as both executor and trustee in Kansas?
Yes. If your estate plan includes both a will and a trust, you may appoint the same person to serve as executor and trustee. This can streamline administration, but it is not required.

How do I know if I need both an executor and a trustee?
Most people with a simple estate only need an executor. However, if you create a trust to avoid probate, manage complex assets, or provide long-term support for loved ones, you will also need to appoint a trustee.

Final Thoughts

Both executors and trustees play a vital role in your Kansas estate plan. By understanding their responsibilities, you can make informed decisions that protect your legacy and provide clarity for your family.

If you need help deciding who should serve as executor or trustee in your estate plan, the attorneys at Minter & Pollak can guide you through the process and ensure your plan works as intended. Contact us today at (316) 265-0797 or click here to schedule a free estate planning consultation.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Why Regular Estate Plan Updates Matter

An estate plan isn’t something you create once and forget about. Life changes—and your estate plan should, too. Failing to update your estate plan can lead to unintended consequences, such as assets going to the wrong people, guardianships not being honored, or outdated medical directives.

To ensure your wishes are carried out accurately, review your estate plan whenever significant life events occur.

Life Events That Should Trigger an Estate Plan Review

1. Marriage or Divorce

Getting married means incorporating your spouse into your estate plan—perhaps as a primary beneficiary, healthcare agent, or power of attorney. Conversely, if you divorce, you may need to remove your ex-spouse from these roles to prevent future legal complications.

2. Birth or Adoption of a Child

Welcoming a child into your life is a crucial time to update your estate plan. You’ll want to:

• Name guardians for minor children
• Create or update a trust
• Adjust beneficiary designations

This ensures your child is protected and provided for in case of an emergency.

3. Death of a Loved One

If someone named in your estate plan—like an executor, trustee, guardian, or beneficiary—passes away, update your documents to reflect replacements and new allocations.

4. Significant Changes in Assets or Financial Status

Buying or selling a business, receiving an inheritance, or experiencing a major increase (or decrease) in wealth may require you to adjust your estate plan to:

• Reallocate assets
• Reconsider tax planning strategies
• Update trust provisions

5. Moving to Another State

Estate planning laws vary by state. If you move to or from Kansas, your estate plan should be reviewed to comply with local regulations on wills, powers of attorney, and advance healthcare directives.

6. Changes in Tax Laws

Federal or state estate and gift tax laws may change, and those changes can affect your plan’s efficiency. Periodic reviews with an estate planning attorney ensure your plan still minimizes tax burdens appropriately.

7. Changes in Relationships

Have your relationships with key people changed? You may want to reconsider:

• Who serves as your executor or trustee
• Who holds your power of attorney
• Who receives your assets

A falling-out, reconciliation, or new close relationship might justify updates to your plan.

How Often Should You Review Your Estate Plan?

Even without major life events, it’s wise to review your estate plan every 3–5 years. Laws change, your financial situation may evolve, and your preferences might shift over time.

Work With an Experienced Estate Planning Attorney

If any of these events apply to you—or if you’re unsure whether your estate plan is still up to date—it’s a good idea to consult with an experienced estate planning attorney. At Minter & Pollak we help clients across Kansas ensure their estate plans reflect their current wishes and circumstances.

Call our office today at 316-265-0797 or click here to schedule a free consultation and make sure your estate plan is working for you—not against you.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we help families across Kansas understand and navigate the legal implications of estate planning and probate. Here’s what you need to know if you or a loved one dies without a will in Kansas.

Kansas Intestate Succession Laws: Who Inherits?

In the absence of a will, Kansas law determines who receives your property based on your family structure. Here’s how assets are typically divided:

If You Are Married With No Children

Your spouse inherits everything.

If You Are Married With Children

Your spouse receives 50% of your estate, and your children share the remaining 50%. In Kansas children for intestate succession would include children placed for adoption, which is different from other states.

If You Have Children But No Spouse

Your children inherit your entire estate, divided equally among them.

If You Have No Spouse or Children

Your estate goes to your parents. If they are deceased, your siblings inherit everything.

No Immediate Family?

The estate will be distributed to more distant relatives under a specific order outlined by Kansas law. If no relatives can be found, the estate may escheat (revert) to the State of Kansas.

What Assets Are Affected?

Intestate succession only applies to assets that would have passed through a will, such as:

• Solely owned real estate
• Personal belongings
• Bank accounts without named beneficiaries
• Investments or retirement accounts without beneficiary designations

Assets with named beneficiaries—such as life insurance policies, payable-on-death bank accounts, or jointly held property—pass outside of probate and are not affected by intestacy laws.

What Are the Risks of Dying Without a Will?

Dying without a will can lead to a number of challenges for your family:

1) Loss of Control

You don’t get to choose who inherits, who handles your estate, or who cares for minor children.

2) Delays and Legal Costs

Without a clear plan, the probate process can be slower, more expensive, and more stressful for your loved ones.

3) Family Conflict

Unclear expectations or unexpected inheritances often lead to disputes among heirs—especially in blended families or when estranged relatives are involved.

4) No Guardian for Minor Children

If you have minor children and die without a will, the court will appoint a guardian. This person may not be the individual you would have chosen.

What Can You Do to Avoid These Problems?

Creating an estate plan—no matter how simple—can provide peace of mind and protect the people you love. A basic estate plan in Kansas typically includes:

• A Last Will and Testament
• Durable Power of Attorney
• Health Care Directive or Living Will
• HIPAA Authorization
• (Optional) Revocable Living Trust for avoiding probate

Even if you don’t have significant wealth, an estate plan ensures your wishes are honored and makes life easier for your family during a difficult time.

Don’t Leave It Up to the State

Estate planning is about more than just passing on property—it’s about taking care of your family and protecting your legacy. By creating a will, you ensure that:

• Your assets go to the people you choose
• Your children are cared for by someone you trust
• The probate process is faster and less expensive

Need Help Creating an Estate Plan in Kansas?

At Minter & Pollak we offer free estate planning consultations and customized solutions for clients throughout Wichita and Kansas. Whether you’re starting from scratch or need to update an existing plan, we’re here to help.

Call us today at (316) 265-0797 or click here to schedule your free consultation.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we guide families through the Kansas probate process with compassion and clarity. This post will help you understand how probate works, when it’s required, how long it takes, and how an experienced probate attorney can help.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. It includes:

• Proving the validity of the will (if one exists)
• Appointing an executor or administrator
• Identifying and valuing assets
• Selling or liquidating assets, if needed
• Paying debts, taxes, and final expenses
• Distributing remaining assets to beneficiaries or heirs

In Kansas, probate is handled by the District Court in the county where the deceased person resided at the time of death or if they were not Kansas residents at the time of their death then in the county where their real estate is located.

When Is Probate Required in Kansas?

Probate is typically required if:

• The decedent owned assets solely in their name (such as a home or bank account with no co-owner or beneficiary designation)
• The total value of non-real estate probate assets exceeds $75,000
• The decedent owned real estate not held in joint tenancy

However, probate may not be necessary for smaller estates or if all assets pass outside of probate, such as:

• Jointly owned property with rights of survivorship
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Life insurance policies with a named beneficiary
• Trust assets

Types of Probate Proceedings in Kansas

Kansas offers several types of probate procedures, depending on the size and complexity of the estate:

1. Informal Administration (Simplified Probate)

For small estates under $75,000, heirs can use a Small Estate Affidavit to collect property without going through the full probate process.

2. Formal Probate (Full Administration)

Most estates go through formal probate, which involves court oversight and can take several months to a year, depending on complexity and whether there are disputes. A formal probate should be commenced within six months from the date of death if the person had a will. This can be done regardless of the existence of a will.

3. Determination of Descent

This is a proceeding that can be done if no probate is filed within six months of death and there are assets in need of administration. All property is distributed pursuant to the laws of intestacy even if the person had a will.

How Long Does Probate Take in Kansas?

The length of probate depends on the size of the estate, the clarity of the will, and whether any disputes arise. On average, formal probate takes between 6 months and 1 year in Kansas. It can take longer if there are:

• Multiple heirs or beneficiaries
• Will contests or legal disputes
• Complex or hard-to-value assets (e.g., businesses, oil/gas interests)
• Tax issues or creditor claims

What Does the Executor Do?

The executor (also known as the “personal representative”) is responsible for managing the estate through the probate process. Their duties include:

• Filing the will and petitioning the court
• Notifying heirs, beneficiaries, and creditors
• Inventorying and valuing assets
• Paying valid debts and taxes
• Distributing assets according to the will or Kansas law
• Filing final reports with the court

Because the executor has a legal duty to act in the best interests of the estate, it’s highly recommended that they work with an experienced probate attorney.

How Can a Kansas Probate Attorney Help?

The probate process can be time-consuming, complicated, and emotionally draining—especially while grieving a loved one. An experienced probate attorney in Kansas can:

• File all required court documents
• Advise you on your legal responsibilities
• Help resolve disputes between heirs or creditors
• Expedite the process and avoid costly mistakes
• Protect your rights and those of the estate

At Minter & Pollak we’ve helped families across Kansas navigate the probate process with confidence and compassion.

Schedule a Free Probate Consultation

If you’ve recently lost a loved one and are unsure where to start, we’re here to help. Our compassionate team will walk you through your next steps and handle the legal process on your behalf.

Call Minter & Pollak at 316-265-0797 or click here to schedule your free probate consultation.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

Creating an estate plan is one of the most important things you can do to protect your loved ones and ensure your wishes are honored. Whether you’re starting from scratch or updating an existing plan, the process can feel overwhelming—but it doesn’t have to be. Here’s a clear, step-by-step guide to help you get started.

Step 1: Take Inventory of Your Assets

Start by listing everything you own, including:

• Real estate
• Bank and investment accounts
• Retirement plans
• Life insurance policies
• Vehicles and valuable personal property
• Business interests

Having a clear picture of your assets will help you make informed decisions throughout the planning process.

Step 2: Identify Your Goals

Consider what matters most to you:

• Who should receive your property?
• Who should care for your minor children?
• Who will manage your finances or make healthcare decisions if you’re unable to?
  Clarifying your goals ensures your plan reflects your values and priorities.

Step 3: Choose Key People

You’ll need to select trusted individuals for important roles, such as:

• Executor of your will.
• Guardian for minor children.
• Agent under a power of attorney.
• Healthcare proxy or medical power of attorney.

Choose people you trust to carry out your wishes and communicate your wishes with them in advance.

Step 4: Create the Core Documents

Work with an experienced estate planning attorney to draft or update:

• Last Will and Testament – Names beneficiaries and an executor
• Trust (if needed) – Helps avoid probate, manage complex assets, or care for minor or special needs beneficiaries
• Durable Power of Attorney – Allows someone to manage your finances if you’re incapacitated
• Healthcare Power of Attorney and Living Will – Names someone to make medical decisions and outlines your healthcare preferences
• Transfer on Death Deed – Allows you to transfer real estate outside of probate.

Step 5: Review and Update Beneficiary Designations

Check the beneficiaries listed on:

• Retirement accounts (401(k), IRA)
• Life insurance policies
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

These designations override your will, so it’s critical they align with your estate plan.

Step 6: Consider Tax Implications

Depending on the size of your estate and the state where you live, estate or inheritance taxes could apply. Your attorney can help structure your plan to minimize potential tax burdens on your heirs.

Step 7: Store and Share Your Plan

Keep your estate planning documents in a secure but accessible location. Share copies or locations with your executor and key family members. It’s also wise to give your healthcare agent a copy of your medical directives.

Step 8: Review Your Plan Regularly

Life changes—so should your estate plan. Review your documents every few years or after major events like:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or executor
• Major financial changes

Need Help Getting Started?

You can download the Step-by-Step Guide below to help you prepare for your estate planning consultation.

At Minter & Pollak we help individuals and families across Kansas create customized estate plans tailored to their needs. Whether you’re new to planning or need to update your documents, our team is here to guide you every step of the way.

Contact us today at (316) 265-0797 or click here to schedule a free consultation and take the first step toward peace of mind.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.

At Minter & Pollak we help new parents like you create peace of mind through clear, customized legal plans.

Why New Parents Need an Estate Plan

If something were to happen to you or your child’s other parent, would your wishes be known? Without an estate plan:

• The court may choose a guardian for your child.
• Your assets may not be distributed the way you intend.
• Your child could inherit everything at 18, regardless of maturity.

Estate planning ensures you make the decisions—not the court.

6 Key Estate Planning Tools for New Parents

1. Name a Guardian for Your Child

Appoint someone you trust to care for your child if you’re no longer able to. This decision is often the most important—and the most overlooked.

Tip: Always name a backup guardian in case your first choice is unavailable.

2. Create a Will

A will allows you to:

• Legally name a guardian
• Specify who inherits your assets
• Appoint an executor to carry out your wishes

In Kansas, a will must follow state law to be valid. A DIY document may not hold up in court.

3. Establish a Trust for Your Child

Trusts allow you to:

• Avoid probate
• Manage your child’s inheritance
• Appoint a trustee to oversee funds until your child reaches an appropriate age

Common option: A revocable living trust lets you stay in control during your lifetime and provides seamless transition after.

4. Durable Power of Attorney & Health Care Directive

These documents appoint someone you trust to make financial and medical decisions if you become incapacitated.

5. Purchase Life Insurance

Life insurance provides crucial financial support for your child’s care and education. Be sure your policy names the correct beneficiary—and consider directing funds into a trust.

6. Update Beneficiary Designations

Your will doesn’t override beneficiary forms. Review and update:

• Life insurance
• Retirement accounts (401k, IRA)
• Bank accounts with POD or TOD designations

Mistakes to Avoid

• Not naming a guardian
• Leaving assets directly to minors
• Forgetting to update your plan after new children or major life changes

We Help Kansas Families Protect What Matters Most

Whether you’re a first-time parent or growing your family, our team is here to help you:

• Understand your options
• Draft clear and effective legal documents
• Plan for your child’s care and financial future

Schedule Your Free Consultation Today

Don’t wait until it’s too late to make a plan. Contact Minter & Pollak today and let’s build a secure future for your family.

Call our office today at 316-265-0797 or click here to schedule a free consultation.

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Disclaimer: The information on this website and in its blog posts is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified lawyer or other professional regarding your particular circumstances.