CAPE GIRARDEAU
ESTATE PLANNING ATTORNEY
CAPE GIRARDEAU ESTATE PLANNING ATTORNEY
Estate planning is an essential process that allows you to protect your assets, provide for your family, and ensure your wishes are carried out.
Estate planning is an essential process that allows you to protect your assets, provide for your family, and ensure your wishes are carried out.
Planning for the future can feel overwhelming whether you are young or even just feel young at heart.
At the Law Office of Amanda Smith, our experienced Cape Girardeau estate planning attorney will guide you through the process clearly and confidently. Whether you need a simple will, a comprehensive estate plan, or maintenance of your existing plan, we are here to help you secure your legacy.

WHAT IS ESTATE PLANNING AND WHY DO YOU NEED IT?
Estate planning is more than just writing a will. It is a comprehensive and proactive process that involves making informed decisions about your healthcare decisions, financial decisions, and managing and distributing your assets, both during your lifetime and after your passing. It is about caring for your loved ones, minimizing potential tax burdens, preserving your wealth, and leaving a lasting legacy.
Whether you are just starting your career, buying your first property, building a family, experiencing a significant life change, or nearing retirement, estate planning is an essential and ongoing process for everyone. It is not just about what you leave behind but also how you live your life and maintain control over your decision-making and assets should you become incapacitated.

THE IMPORTANCE OF PROACTIVE ESTATE PLANNING
Failing to plan can have significant consequences. Without a proper estate plan, the state may distribute your assets according to Missouri statute 474.010. General rules of descent, which may not align with your wishes. Your loved ones could face lengthy and costly probate proceedings, and you may lose the ability to make decisions about your own healthcare and finances if you become incapacitated. Proactive estate planning gives you control over your future and provides peace of mind, knowing that your affairs are in order.

OUR COMPREHENSIVE ESTATE PLANNING SERVICES
The Law Office of Amanda Smith offers a full range of estate planning services tailored to meet your unique needs and circumstances. Our experienced team will work closely with you to understand your goals, assess your assets, and develop a personalized plan that addresses your concerns.
OUR SERVICES INCLUDE
WILLS
A will is the cornerstone of most estate plans. It outlines your wishes regarding the distribution of your assets, designates guardians for minor children, and names an executor to manage your estate. We can help you draft a clear, comprehensive, and legally sound will that reflects your intentions and minimizes potential disputes, but it does not avoid probate court.
TRUSTS
Trusts are versatile estate planning tools that offer many benefits, including avoiding probate, minimizing estate taxes, managing assets for beneficiaries, and protecting assets from creditors. We can advise you on the different types of trusts available, such as revocable living trusts, irrevocable trusts, charitable trusts, special needs trusts, generation-skipping trusts, and asset protection trusts, and help you determine which type or combination of trusts is right for your situation. We can also explain each type of trust’s tax implications and administrative requirements.
POWERS OF ATTORNEY
A power of attorney designates someone you trust to make financial and legal decisions on your behalf if you become incapacitated. We can help you create durable powers of attorney for financial matters, healthcare decisions, and other specific needs, ensuring the people you choose are in control of your affairs according to your wishes. We can also advise on the different types of powers of attorney and their limitations.
HEALTHCARE DIRECTIVES
Healthcare directives, also known as living wills, allow you to express your wishes regarding medical treatment if you are unable to communicate. We can help you prepare advance healthcare directives that outline your preferences for life-sustaining treatment, pain management, organ donation, and other medical decisions. We can also discuss the importance of having a designated healthcare agent to advocate for your wishes.
PROBATE AND TRUST ADMINISTRATION
We provide guidance and representation to executors and trustees in the administration of estates and trusts. This includes navigating the often-complex probate process, managing and valuing assets, paying debts and taxes, and distributing inheritances to beneficiaries. We strive to make the process as smooth, efficient, and cost-effective as possible for our clients, minimizing stress during a difficult time.
ESTATE TAX PLANNING
Estate tax planning is crucial for individuals with substantial assets. We can help you minimize potential estate tax liabilities through strategies such as gifting, charitable giving, the use of sophisticated trust structures, and other tax-efficient strategies. We stay abreast of changes in tax laws to provide you with the most up-to-date and effective advice.
BUSINESS SUCCESSION PLANNING
Business owners need to have a plan in place for their business’s future. We can help you develop a comprehensive business succession plan that ensures a smooth transition of ownership, protects the value of your business for future generations, and minimizes disruption to operations. This plan may include buy-sell agreements, family limited partnerships, key employee retention plans, and other strategies tailored to your business needs.
SPECIAL NEEDS PLANNING
If you have a loved one with special needs, we can help you create a special needs trust that allows them to receive government benefits, such as Medicaid and Supplemental Security Income (SSI), while also providing supplemental support for their needs. We understand the complexities of special needs planning and can guide you through the process, helping protect your loved one’s long-term care and well-being
ELDER LAW
We also provide guidance on elder law matters, including Medicaid planning and long-term care planning. We can help you and your family address the challenges of aging and ensure your loved ones receive the care and support they need.
CHARITABLE GIVING
If you are passionate about supporting charitable causes, we can help you incorporate charitable giving into your estate plan. We can advise on various charitable giving strategies, such as charitable trusts, donor-advised funds, and bequests to maximize your impact and achieve your philanthropic goals.
ESTATE PLAN MAINTENANCE
As part of our Annual Maintenance Program (AMP), we can meet with you annually to review your plan and ensure it still meets your needs and goals. For our AMP clients, we also meet with key individuals upon your death or disability to discuss your estate plan, answer their questions, and help them implement it.
TAKE THE FIRST STEP TOWARD PROTECTING YOUR LEGACY AND BUSINESS.
WHY CHOOSE THE LAW OFFICE OF AMANDA SMITH
FOR YOUR ESTATE PLANNING NEEDS?
Amanda L. Smith, JD, is a compassionate problem solver dedicated to helping individuals and families solve problems and reach their goals. She prides herself on educating her clients throughout the estate planning process so they can make informed decisions along the way. Here is why you should choose her to help with your estate planning needs:
EXPERIENCE AND PROFICIENCY
Our estate planning team has extensive experience in all facets of estate planning, from basic wills to complex trust structures. We thoroughly understand Missouri law and stay up to date on the latest legislative changes and legal precedents to provide you with the most effective and informed legal advice.
PERSONALIZED APPROACH
We understand that every individual and family is unique. We take the time to get to know you, understand your values, assess your assets, and develop a personalized estate plan that addresses your specific needs, goals, and concerns. We do not believe in a one-size-fits-all approach.
COMPASSIONATE GUIDANCE
We recognize that estate planning can be an emotional and sometimes sensitive process. We are compassionate, empathetic, and understanding. We will guide you through every step of the process with sensitivity, respect, and clear communication. We even provide an educational video to help you better prepare for the consultation.
COMMITMENT TO CLIENT SERVICE
We provide exceptional client service. We are responsive to your questions and concerns, will keep you informed throughout the estate planning process, and will strive to build a long-term relationship with you. We will even check in with you to assess your progress 30, 60, and 90 days after you’ve signed your documents to ensure your plan becomes fully implemented and that your assets are integrated properly into your new plan.
LOCAL KNOWLEDGE
We are rooted in the Cape Girardeau area and surrounding communities and thoroughly understand the local legal landscape. We are committed to serving our community and helping our neighbors plan for their futures.
COLLABORATIVE APPROACH
We believe in a collaborative approach to estate planning. We get a complete picture of your situation so that we can work closely with you, your financial advisors, accountants, and other professionals to develop a comprehensive plan that integrates all aspects of your financial and legal affairs.
ESTATE PLANNING PROCESS
We believe in a clear and transparent approach to estate planning. Our process typically involves the following steps:
2. STRATEGIZE
We will meet with you one-on-one to discuss your goals, family dynamics, assets, and concerns. This meeting will help us get to know you, strategize your planning options, and determine your best course of action.
4. IMPLEMENT
Once we have prepared your customized estate plan according to your design choices, we will review the documents with you to ensure they accurately reflect your wishes and intentions.
1. DISCOVER
Prior to your consultation, we will send you an informational video discussing the estate planning process, which will walk you through a guided self-assessment to help identify what type of estate plan is right for you and your family. This step is an opportunity for you to learn more about your planning options and our services and approach.
3. DESIGN
We will develop a personalized estate plan tailored to your needs and objectives based on the information gathered. We will explain the various options available to you, discuss the pros and cons of each approach, and help you make informed decisions.
5. INTEGRATE
We will schedule progress check-ins 30, 60, and 90 days after your signing appointment to ensure the estate planning funding and integration moves smoothly, assisting you with beneficiary designation forms, account ownership changes, and more.
1. DISCOVER
Prior to your consultation, we will send you an informational video discussing the estate planning process, which will walk you through a guided self-assessment to help identify what type of estate plan is right for you and your family. This step is an opportunity for you to learn more about your planning options and our services and approach.
2. STRATEGIZE
We will meet with you one-on-one to discuss your goals, family dynamics, assets, and concerns. This meeting will help us get to know you, strategize your planning options, and determine your best course of action.
3. DESIGN
We will develop a personalized estate plan tailored to your needs and objectives based on the information gathered. We will explain the various options available to you, discuss the pros and cons of each approach, and help you make informed decisions.
4. IMPLEMENT
Once we have prepared your customized estate plan according to your design choices, we will review the documents with you to ensure they accurately reflect your wishes and intentions.
5. INTEGRATE
We will schedule progress check-ins 30, 60, and 90 days after your signing appointment to ensure the estate planning funding and integration moves smoothly, assisting you with beneficiary designation forms, account ownership changes, and more.
MAINTAIN
You should review and update your estate plan periodically, especially after significant life events such as marriage, divorce, birth or adoption of a child, death of a loved one, a change in financial circumstances, or changes in tax laws. We will be happy to assist you with updating your estate plan as needed to ensure it continues to meet your evolving needs and objectives. We recommend annual reviews as a best practice. In fact, we believe maintaining your estate plan is so crucial to your plan’s success, that we offer an optional Annual Maintenance Program (AMP) membership. Enrolling in AMP allows us to continue our attorney-client relationship – ensuring that your family’s estate plan grows and evolves along with you and your family over the years.
COMMON ESTATE PLANNING MISCONCEPTIONS
Many people have misconceptions about estate planning, preventing them from taking the necessary steps to protect their future. Here are some common misconceptions:
I Do Not Have Enough Assets to Need an Estate Plan
Even if you have a modest estate with or without title of property, a will is essential to ensure the executor distributes your assets according to your wishes and to designate guardians for minor children. Without a will, state law will dictate how to distribute your assets, which may not align with your intentions.
I Am Too Young to Think About Estate Planning
While it is true that estate planning becomes increasingly important as you age, it is never too early to start. Unexpected events can happen at any time, and having an estate plan in place provides peace of mind, knowing you have protected your loved ones. It is especially crucial if you have children so you can designate someone of your choice as their guardian in the event of your disability or death.
Estate Planning is Only for the Wealthy
Estate planning is not just for the wealthy. It is for everyone who wants to care for their loved ones, protect their assets, and have their wishes honored. Estate planning includes powers of attorney, which gives you the power to choose who can take care of you when you can no longer take care of yourself – both medically and financially. Having a plan in place is essential regardless of the size of your estate.
I Can Just Use a DIY Estate Planning Kit
While DIY kits may seem like a cost-effective option, they often fail to address the complexities of individual circumstances and may not be legally sound. Working with our experienced estate planning attorney is crucial to ensure your plan is comprehensive, legally valid, and tailored to your unique needs.
Once I Have an Estate Plan, I Do Not Need to Think About it Again
You should review and update your estate plan periodically, especially after significant life events. Changes in your family, finances, or the law can impact your plan’s effectiveness. Regular reviews ensure your plan remains up-to-date and reflects your current wishes.
THE LAW OFFICE OF
AMANDA SMITH CAN
HELP YOU PLAN FOR
THE FUTURE
Planning for the future is one of the most important things you can do for yourself and your loved ones. Contact experienced Cape Girardeau estate planning attorney Amanda L. Smith today to schedule a strategy consultation and begin planning. We are here to help you secure your legacy, protect your future, and achieve peace of mind