
Estate Planning Wisdom from Benjamin Franklin's Timeless Principles
A Kansas City estate planning attorney recently highlighted how Benjamin Franklin's practical wisdom applies directly to modern estate planning. The piece connects Franklin's famous principle that "an ounce of prevention is worth a pound of cure" to the proactive nature of effective estate planning.
The attorney emphasized that Franklin's values of preparedness, simplicity, and long-term thinking align perfectly with sound estate planning strategies. These principles become particularly relevant when considering Missouri's specific estate planning landscape, where proper preparation can help families avoid the state's probate process and its associated costs.
The analysis stressed that estate plans require regular updates, recommending a complete review for any plan over 10 years old. This advice takes on added significance given Missouri's evolving legal framework and the need to ensure documents remain compliant with current state requirements.
What It Means for Missouri Families
Franklin's emphasis on early preparation resonates strongly with Missouri estate planning realities. Families who fail to plan ahead face Missouri's probate system, which can cost 2%RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; court may award more for extraordinary services). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Jun 1, 2026 to 5%RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; court may award more for extraordinary services). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Jun 1, 2026 of the estate value in attorney fees alone, plus $250RSMo § 488.012(3)(16),(17),(20); COR 021.01(a)(12),(14),(17)Verified Jun 1, 2026 in court filing fees. The process typically takes 12 monthsRSMo § 473.050Verified Jun 1, 2026 to 18 monthsRSMo § 473.050Verified Jun 1, 2026 to complete.
Missouri families with estates under $40,000§ 473.097Verified Jun 1, 2026 can use the state's Small Estate Affidavit procedure, but only after waiting 30 days§ 473.097Verified Jun 1, 2026 after death. This option still requires careful documentation and may not be available if the estate includes real property or exceeds the threshold when debts are considered.
The attorney's emphasis on clarity and simplicity reflects Missouri's document requirements. Missouri does not require notarization for wills, but does require 2RSMo § 474.320Verified Jun 1, 2026 witnesses for proper execution. For healthcare directives, Missouri requires both notarization and 2RSMo § 459.015 (optional living will form only)Verified Jun 1, 2026 witnesses, making clear documentation essential.
Long-Term Planning and Trust Strategies
Franklin's forward-thinking approach aligns with Missouri's trust-friendly environment. Missouri has adopted the Uniform Trust Code, providing a comprehensive framework for trust administration. The state also allows Transfer on Death deeds, giving families additional options for avoiding probate on real estate.
Missouri trusts benefit from the state's lack of death taxes. Missouri imposes no state estate or inheritance tax, allowing families to focus on federal estate tax planning. With the current federal exemption at $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026, most Missouri families can implement Franklin's principles without worrying about estate tax consequences.
The attorney's recommendation for regular reviews becomes crucial given Missouri's specific requirements. Trust beneficiaries must receive notice within 120 daysMo. Rev. Stat. § 456.1-101 et seq.Verified Jun 1, 2026 of becoming entitled to distributions, and creditors have 6 monthsMo. Rev. Stat. § 456.1-101 et seq.Verified Jun 1, 2026 to make claims against trust assets. These timelines underscore the importance of keeping documents current and trustees informed.
Context from SimplyTrust
Franklin's emphasis on balancing structure with flexibility reflects modern estate planning needs. Today's families benefit from tools that provide clear guidance while adapting to changing circumstances. Understanding the differences between trusts and wills helps families apply Franklin's principles effectively, choosing documents that match their specific needs and goals.
The attorney's advice about avoiding unnecessary conflict aligns with comprehensive planning approaches. Trust versus will comparisons show how different documents serve different purposes in preventing family disputes. Modern estate planning incorporates Franklin's wisdom about clear communication and proactive problem-solving, helping families maintain harmony during difficult transitions.
Source: Benjamin Franklin Can Teach Us About Estate Planning - Harvest Law KC