ESTATE PLANNING IN LEAWOOD, KANSAS

A Plan That Grows With You

Estate planning is not a “one and done” task. As your life changes—whether you get married, start a business, welcome a new child, or buy a home in the Kansas City area—your plan should change with you. Regular updates make sure your legal documents always match your current situation and your latest goals.

Since 1998, Gary Eastman has spent 27 years helping families navigate these changes. He brings a unique perspective from his three years at Polsinelli (a top 100 national firm), where he managed over 500 major business transactions. Gary uses that same professional care to help every family he serves across Johnson and Wyandotte Counties. Whether your estate is straightforward or involves complex business holdings, you receive a custom plan designed specifically for your life.

How Estate Planning Protects You and Your Family

Avoid the Probate Process

Probate is the court-supervised process of distributing your estate after death. It’s time-consuming, expensive, and completely public. A well-structured estate plan, particularly one that includes a revocable living trust, allows your assets to pass directly to your beneficiaries without court intervention. Your family saves months of delays and thousands of dollars in court costs and attorney fees.

Protect Your Minor Children

Through your estate plan, you designate guardians for your children if both parents pass away. You can also establish trusts that control how and when your children receive their inheritance, ensuring they’re financially protected but not overwhelmed with assets at too young an age. Without this planning, a court makes these decisions without knowing your family dynamics or your children’s needs.

Minimize Tax Burden

Strategic estate planning can significantly reduce estate taxes, gift taxes, and income taxes on inherited assets. Our tax planning strategies have saved Johnson County clients an average of over $500,000 in estate taxes. For Kansas residents, while the state doesn’t have an estate tax, federal estate taxes can still apply to larger estates. With proper planning, you can structure your estate to take advantage of exemptions, deductions, and strategic gifting to preserve more wealth for your family.

Maintain Control During Incapacity

Powers of attorney and healthcare directives ensure someone you trust can manage your finances and make medical decisions if you become incapacitated. Without these documents, your family may need to go to court to obtain guardianship or conservatorship, which is expensive, time-consuming, and invasive.

Preserve Family Harmony

Clear estate planning reduces ambiguity and the potential for family disputes. When your wishes are clearly documented and legally sound, there’s less room for interpretation, resentment, or conflict among your heirs. You’re giving your family clarity during an already difficult time.

Pitfalls That Can Undermine Your Plan

Procrastination

“I’ll do it later” is the most dangerous phrase in estate planning. Unexpected illness, accidents, or death can strike at any time. Without a plan in place, your family faces unnecessary legal complications, expense, and stress during an already difficult period.

DIY and Online Templates

Generic online forms and fill-in-the-blank documents rarely account for Kansas-specific laws, your unique family situation, or the complexity of your assets. Mistakes in these documents can make them legally invalid, create unintended tax consequences, or fail to accomplish your goals. The cost of fixing a poorly drafted estate plan far exceeds the cost of doing it right the first time.

Failing to Update Your Plan

Life changes require estate plan updates. Marriage, divorce, births, deaths, significant asset changes, business growth, and moves to different states all necessitate review and revision. An outdated estate plan can be worse than no plan at all if it no longer reflects your circumstances or wishes.

Not Funding Your Trust

Creating a trust is only half the job. If you don’t transfer assets to the trust (a process called “funding”), the trust provides no benefit. Assets not in the trust still go through probate, defeating the entire purpose of creating the trust.

Ignoring Tax Implications

Estate planning without considering tax consequences can result in your beneficiaries losing a significant portion of their inheritance to unnecessary taxes. Strategic planning can preserve substantially more wealth for your family.

Overlooking Digital Assets

In our digital age, cryptocurrency, online accounts, digital photos, and social media all have value and need to be addressed in your estate plan. Without proper planning, these assets can be lost or inaccessible to your family.

Estate Planning Questions Answered

Q: What is estate planning?

Estate planning is the process of legally arranging how your assets will be managed during your life and distributed after your death, while also planning for potential incapacity.

A comprehensive estate plan includes wills or trusts, powers of attorney for financial and healthcare decisions, healthcare directives, guardianship designations for minor children, and strategies to minimize taxes and avoid probate. Estate planning ensures your wishes are followed, your family is protected, and your assets pass efficiently to your chosen beneficiaries.

The Eastman Law Firm has created 5,423 trusts and 1,257 wills for Kansas families over 27 years, helping clients throughout Johnson County and Wyandotte County protect what matters most. We design customized plans addressing your unique family situation, asset mix, and goals while ensuring full compliance with Kansas law.

Q: Who needs estate planning in Leawood?

Everyone over 18 needs estate planning, regardless of wealth. If you own a home, have retirement accounts, carry life insurance, have minor children, own a business, or simply want control over medical decisions if incapacitated, you need an estate plan. Young families need guardian designations for children. Homeowners need strategies to transfer property efficiently. Business owners require succession planning. Retirees need asset protection and tax minimization strategies.

Common misconception: “I’m not wealthy enough for estate planning.” Reality: A modest home ($250,000), retirement accounts ($100,000), and life insurance ($250,000) creates a $600,000 estate requiring professional protection. Without proper planning, your family faces probate costs, delays, and uncertainty. We’ve served 5,407 clients across all wealth levels, from young families building wealth to established business owners with complex assets.

Q: What’s the difference between a will and a trust?

A will only takes effect after you die and must go through probate court, while a revocable living trust takes effect immediately, allows you to manage assets during your lifetime, and avoids probate entirely. This is the most fundamental difference in estate planning.

A Last Will and Testament is a legal document that names who receives your property after death, designates guardians for minor children, and appoints an executor to handle your estate. However, wills must go through probate, a court-supervised process in Johnson County or Wyandotte County that typically takes 8-12 months and costs $3,000-$8,000 in attorney fees and court expenses. During probate, your will becomes a public record that anyone can access at the courthouse or online.

A revocable living trust is a legal entity you create during your lifetime that holds your assets. You serve as trustee (manager) while you’re alive and capable, a successor trustee takes over if you become incapacitated or die, and your beneficiaries receive assets according to your instructions without court involvement. Trusts provide privacy (they’re not public records), avoid the 8-12 month probate delay, eliminate probate costs, and allow seamless management if you become incapacitated. The key requirement: you must transfer assets into the trust (called “funding”) for it to work.

Most comprehensive estate plans include both: a revocable living trust as the primary estate planning tool, plus a pour-over will that acts as a safety net, transferring any assets you forgot to put in the trust. Over 27 years, we’ve created 5,423 trusts and 1,257 wills for Kansas families, including 1,134 families in Johnson County who wanted to avoid probate and protect their privacy.

Q: How much does estate planning cost in Leawood, Kansas?

Our transparent pricing ensures you know exactly what to expect. Individual basic will packages start at $495, while couple packages start at $895. Revocable living trust packages are $1,995 for individuals and $2,495 for couples. These packages include all essential documents: wills, powers of attorney, healthcare directives, and for trust packages, deed preparation and trust funding assistance. We provide detailed pricing during your initial consultation based on your specific situation, and complex estates requiring additional planning may have additional fees which we’ll discuss upfront.

Q: How long does the estate planning process take?

From initial consultation to signed estate plan typically takes 4 weeks. The process includes: initial 45-60 minute consultation to discuss your goals and situation, document preparation (10-14 days), review and revision period (3-5 days), and signing appointment (30-45 minutes). We work efficiently while ensuring every detail is correct, and we can accommodate urgent situations when needed. Trust funding (transferring assets into your trust) is completed within 2 weeks of signing.

Q: What is your track record with Kansas families?

Over 27 years since 1998, we’ve served 5,407 estate planning clients, creating 5,423 trusts and 1,257 wills for Kansas families. Right here in Johnson County, we’ve helped 1,134 families protect their assets and plan for the future. We’ve administered 143 probate estates, giving us deep understanding of both planning strategies that work and the problems that arise without proper planning. Our tax planning strategies have saved clients an average of over $500,000 in estate taxes. We return calls within 60 minutes during business hours and complete most estate plans within 4 weeks on average from initial consultation to signed documents.

Q: What are your office hours and response times?

Our office is open Monday through Friday, 8:00 AM to 5:30 PM. We pride ourselves on responsiveness. Calls are typically returned immediately, and always within 60 minutes during business hours. Our Leawood office at 4901 W 136th St Suite 240 offers 45 free parking spaces, including 6 ADA-compliant spaces, with ground-level access to our suite. We’re centrally located and easily accessible from throughout Johnson County, typically 5-20 minutes from most areas.

Q: What areas of Kansas do you serve other than Leawood?

We serve clients throughout the state and the Kansas City metro area from our Leawood office, with a primary focus on Johnson County and Wyandotte County. Estate planning clients come to us from across the region because Kansas law allows us to serve families anywhere in the state.

In Johnson County, we regularly serve families in Overland Park, Leawood, Olathe, Lenexa, Shawnee, Prairie Village, Mission, Merriam, Roeland Park, Fairway, and other Johnson County communities. Johnson County is home to the district court in Olathe where all county probate cases are handled, and we’re thoroughly familiar with the court’s procedures and requirements.

In Wyandotte County, we serve Kansas City KS, Bonner Springs, Edwardsville, and surrounding areas. Wyandotte County probate proceedings are handled at the Wyandotte County Courthouse, and we regularly practice there as well.

Our office is located at 4901 W 136th St Suite 240, Leawood, KS 66224, easily accessible from I-435 and Roe Avenue. We also serve clients from other Kansas counties and even some Missouri residents who prefer working with a Kansas attorney for their estate planning needs. If you’re wondering whether we can help with your situation, reach out to us at (913) 908-9113 or complete our online consultation request form to discuss your estate planning needs.

Q: Do I need a will or a trust?

The answer depends on your goals, assets, and family situation. Choose a will if you have a simple estate (under $200,000), few assets, no real estate or only homesteaded property, no concerns about privacy, and you’re comfortable with probate. Choose a trust if you own real estate, have significant assets ($200,000+), value privacy, want to avoid probate delays and costs, have minor children receiving inheritance, own property in multiple states, or have a blended family with complex distribution wishes.

Many clients initially seeking “just a simple will” discover trusts better serve their needs once they understand probate costs and delays. A trust costs more initially ($3,000-$6,000 vs. $1,500-$2,500 for a will) but saves far more by avoiding probate (typically 3-7% of estate value). With 27 years of experience and 5,423 trusts created, we provide honest guidance on which approach best fits your situation and budget, not which generates higher fees.

Q: What documents are included in an estate plan?

A comprehensive estate plan typically includes a Last Will and Testament or Revocable Living Trust, Durable Financial Power of Attorney, Durable Medical Power of Attorney (Healthcare Proxy), Healthcare Directive (Living Will), HIPAA Authorization, and Guardianship Designations (if you have minor children).

Advanced plans may also include irrevocable trusts for tax planning or asset protection, business succession documents, and beneficiary designation reviews coordinating retirement accounts and life insurance with your overall plan.

Each document serves specific purposes. Your will or trust controls asset distribution. Powers of attorney authorize agents to make financial and medical decisions if you’re incapacitated. Healthcare directives communicate wishes about life-sustaining treatment. HIPAA authorizations allow designated people to access your medical information. We prepare coordinated document packages ensuring everything works together seamlessly, with no gaps or conflicts between documents. Throughout Johnson County and Wyandotte County, we’ve created 5,423 trusts and 1,257 wills, providing comprehensive protection through properly integrated estate planning documents.

Q: What happens if I die without an estate plan?

If you die without a will or trust, you die “intestate,” meaning Kansas intestacy laws (not your wishes) determine who inherits your property. You lose all control over your estate.

Here’s what happens: The court decides who raises your minor children (a judge appoints a guardian based on what they think is best, which may not match your wishes), Kansas law determines who inherits (your spouse may not receive everything, your assets may go to relatives you don’t want inheriting, and unmarried partners receive nothing), the court appoints an administrator to handle your estate (typically a family member, but the court makes the final decision), and your estate goes through full probate in Johnson County or Wyandotte County (taking 8-12 months and costing $5,000-$10,000 or more).

Without a trust, there’s no incapacity planning, meaning if you become incapacitated before death, your family must petition for guardianship or conservatorship, adding more court costs and delays. The total cost to your family of dying without an estate plan typically exceeds $10,000-$15,000 in legal fees and court costs, plus months or years of stress, all of which could be avoided with proper planning.

Q: When should I start estate planning?

Start estate planning as soon as you turn 18, get married, have children, buy a home, start a business, or accumulate significant assets.

Estate planning isn’t about age or wealth; it’s about protecting what you have and the people who depend on you. Young adults need healthcare powers of attorney and living wills (your parents lose decision-making authority when you turn 18). Newlyweds need planning coordinating both spouses’ wishes. New parents must designate guardians immediately. Homeowners need strategies transferring property efficiently.

Common mistake: “I’ll do estate planning when I’m older.” Reality: Unexpected death or incapacity can strike at any age. Accidents, sudden illness, or tragedy don’t wait until you’re “ready.” Over 27 years serving 5,407 Kansas families, we’ve seen how proper planning provides peace of mind at every life stage. The best time to create your estate plan is now, while you’re healthy and can make decisions clearly. The second best time is today.

Q: What is probate and why should I avoid it?

Probate is the court-supervised process of administering your estate after death, and it’s public, expensive, and time-consuming. When someone dies with a will (or without any estate plan), their estate must go through probate in the county where they lived.

The probate process in Johnson County or Wyandotte County typically involves: filing the will and death certificate with the district court (or petitioning for administrator if there’s no will), court hearing to validate the will and appoint the executor, mandatory publication in the newspaper notifying creditors, inventorying and appraising all assets, paying debts, taxes, and final expenses, filing accountings with the court, distributing assets to beneficiaries, and final hearing to close the estate. This process typically takes 8-12 months minimum for simple estates, 18-24 months for complex estates, and can take years if anyone contests the will.

Probate costs typically run 3-7% of the estate value, including court filing fees ($195 in Kansas), newspaper publication costs ($150-$200), attorney fees ($3,000-$8,000 or more), executor fees, appraisal costs, and accounting fees. For a $500,000 estate, probate can easily cost $15,000-$25,000. Beyond the cost and delay, probate is completely public. Anyone can go to the courthouse or search online to see what you owned, what you owed, who inherited, and family disputes. Your will, asset inventory, and all court filings become permanent public records.

A properly funded revocable living trust avoids probate entirely. Your successor trustee distributes assets according to your trust instructions without court involvement, typically within 4-8 weeks. Your estate remains completely private, costs are minimal (no court fees or probate attorney fees), and your family avoids the stress of court proceedings during their grief.

Q: How do I avoid probate in Leawood?

The most effective probate avoidance strategy is a properly funded revocable living trust. Assets titled in your trust name pass directly to beneficiaries without court involvement. Other strategies include transfer-on-death (TOD) designations for bank and investment accounts, beneficiary designations on retirement accounts and life insurance (ensuring they name individuals or trusts, not your estate), transfer-on-death deeds for Kansas real estate, and joint ownership with right of survivorship (though this creates other risks).

The key is proper implementation. A trust doesn’t avoid probate unless you actually transfer assets into it (called “funding” the trust). We provide detailed guidance on retitling real estate, bank accounts, brokerage accounts, and business interests to your trust. Over 27 years creating 5,423 trusts for Kansas families, we’ve learned that trust funding is where many plans fail. We ensure your trust is properly funded and maintained, actually accomplishing probate avoidance rather than simply creating documents that sit in a drawer.

Q: What’s the difference between a Revocable Living Trust and an Irrevocable Trust?

A Revocable Living Trust can be amended, modified, or completely revoked by the Settlor (the person who created it) at any time during their lifetime. The Settlor typically serves as the initial Trustee, maintains complete control over trust assets, and can add or remove assets freely. However, because the Settlor retains control, a Revocable Living Trust offers no creditor protection during the Settlor’s lifetime and trust assets are included in the Settlor’s taxable estate for Estate Tax purposes.

An Irrevocable Trust, by contrast, cannot be easily changed or revoked once created. The Settlor (also called the Grantor) transfers assets into the trust and relinquishes control to an independent Trustee. Because the Settlor no longer controls the assets, properly structured Irrevocable Trusts can provide significant creditor protection, remove assets from the taxable estate for Estate Tax planning purposes, and protect assets for beneficiaries. Common types of Irrevocable Trusts include Special Needs Trusts, Charitable Trusts, and certain asset protection trusts.

Both trust types must comply with the Uniform Trust Code and Kansas trust law. The choice between a Revocable Living Trust and an Irrevocable Trust depends on your specific goals: if you want flexibility and control, a Revocable Living Trust is appropriate. If you need creditor protection, Estate Tax reduction, or asset protection for beneficiaries, an Irrevocable Trust may be necessary. Many comprehensive estate plans include both types of trusts serving different purposes.

Q: Do I need a trust if my estate is small?

Trust planning benefits estates of all sizes, not just large or wealthy estates. The question isn’t really about estate size, it’s about whether you want to avoid probate, protect your privacy, and ensure smooth management if you become incapacitated.

Consider these realities: Even a “small” estate of $200,000-$400,000 (a modest home, retirement accounts, and some savings) will cost your family $5,000-$8,000 in probate fees and take 8-12 months to settle in Johnson County or Wyandotte County. If you become incapacitated without a trust, your family faces additional costs for guardianship or conservatorship proceedings. A revocable living trust eliminates these expenses and delays regardless of estate size. The trust cost (typically $1,995-$2,495 for individuals or couples) is almost always less than probate would cost.

Additional benefits for any estate size include: complete privacy (probate makes your assets, debts, and beneficiaries public record accessible to anyone), control over distributions (you can stagger inheritances, protect funds for beneficiaries with special needs, or prevent immature children from receiving everything at age 18), and protection from challenges (trusts are harder to contest than wills). We’ve created trusts for Kansas families with estates ranging from $100,000 to over $100 million. Estate planning isn’t just for the wealthy.

Q: What is a trustee and who should I choose?

A trustee is the person or institution responsible for managing trust assets and distributing them according to trust terms.

For revocable living trusts, you typically serve as your own trustee during your lifetime, maintaining complete control. You name successor trustees who take over if you become incapacitated or die. For irrevocable trusts, you cannot serve as trustee (that’s what makes them irrevocable and provides asset protection and tax benefits).

Choosing successor trustees: Consider someone who is financially responsible, trustworthy, organized, available to serve, understands your wishes, and gets along with beneficiaries. This might be an adult child, sibling, close friend, or professional fiduciary (bank trust department, professional trustee). For complex estates or family situations, corporate trustees provide professional management, avoid family conflicts, and ensure continuity. We help you evaluate options and make appropriate selections during the planning process, and you can always change successor trustee designations if circumstances change.

Q: Can I be my own trustee?

Yes, for revocable living trusts, you serve as trustee and maintain complete control over all trust assets during your lifetime.

You can buy, sell, invest, spend, and manage trust assets exactly as if they were in your personal name. Being your own trustee means no loss of control or access to your property. You simply sign documents as “John Smith, Trustee of the John Smith Revocable Living Trust” instead of “John Smith individually.”

However, for irrevocable trusts (used for advanced tax planning or asset protection), you generally cannot serve as trustee. The loss of control is what provides the tax benefits and creditor protection. For revocable trusts, you also name successor trustees who take over if you become incapacitated or die. Throughout Johnson County and Wyandotte County, we help clients structure trustee arrangements providing maximum control during life while ensuring smooth transitions when successor trustees must step in.

Q: How does a trust work?

A trust is a legal arrangement where one person (the grantor/settlor) transfers assets to be held by another person (the trustee) for the benefit of designated people (the beneficiaries).

For revocable living trusts (most common), you are typically all three roles during your lifetime: you create the trust (grantor), you manage the assets (trustee), and you benefit from the assets (beneficiary). You maintain complete control and can change or revoke the trust anytime.

When you die or become incapacitated, your named successor trustee takes over, managing trust assets and distributing them according to your instructions. Because the trust (not you personally) owns the assets, they don’t go through probate. The trust continues operating smoothly, providing for your family immediately without court involvement. This is why trusts avoid probate: the trust doesn’t “die” when you do; it simply continues with new management. Over 27 years, we’ve created 5,423 trusts for Kansas families, and we explain exactly how your trust will work in your specific situation.

Q: What assets should go into my Leawood trust?

Most assets should be transferred directly into your trust, but retirement accounts and life insurance policies require a different approach.

Understanding which assets to retitle and which to name the trust as beneficiary is critical for proper trust funding.

Assets that should be retitled to the trust include: real estate (your primary residence, rental properties, vacation homes, land), bank accounts and credit union accounts (checking, savings, money market), brokerage and investment accounts (stocks, bonds, mutual funds), business interests (LLC membership interests, partnership interests, closely-held corporation shares), certificates of deposit, and tangible personal property (vehicles, jewelry, artwork, collectibles can be assigned to the trust). Each of these assets should be retitled in the name of your trust, for example: “Jane Smith, Trustee of the Jane Smith Revocable Living Trust dated January 15, 2024.”

Assets that should NOT be retitled to the trust but should name the trust as beneficiary include: retirement accounts (401(k)s, IRAs, 403(b)s, pension plans - retitling these to a trust triggers immediate taxation and penalties), life insurance policies (the trust can be beneficiary, but the policy itself shouldn’t be owned by the trust in most cases), health savings accounts (HSAs), and annuities (depending on the type). For these accounts, you complete a beneficiary designation form naming your trust as primary or contingent beneficiary.

The most common trust funding mistake: creating a trust but never transferring assets into it. An unfunded trust is worthless. We provide detailed guidance on retitling each asset and can assist with the transfer process for real estate and business interests. For our Kansas clients, we typically handle the deed preparation for real estate located in Johnson County and Wyandotte County as part of our trust services.

Q: Do I need both a Durable Financial Power of Attorney and a Durable Medical Power of Attorney?

Yes, we strongly recommend both documents as part of comprehensive estate planning and incapacity planning.

A Durable Financial Power of Attorney (also called a Durable Power of Attorney for Property) authorizes someone you trust to manage your financial affairs, pay bills, access bank accounts, manage investments, and handle other financial matters if you become incapacitated. The “durable” designation means the Power of Attorney remains effective even if you become mentally incapacitated, which is precisely when you need it most.

A Durable Medical Power of Attorney (also called a Healthcare Power of Attorney or Healthcare Proxy) is a separate document that authorizes someone to make medical and healthcare decisions on your behalf if you cannot communicate your wishes. This includes decisions about medical treatments, surgery, medication, and end-of-life care. Many people also create an Advance Healthcare Directive (sometimes called a Living Will) that provides specific instructions about life-sustaining treatment and other healthcare preferences.

These are distinct legal documents serving different purposes, and you should have both. The person you designate as your agent under a Durable Financial Power of Attorney (your financial agent or attorney-in-fact) does not automatically have authority to make healthcare decisions, and vice versa. You can name the same person for both roles or different people depending on their skills and your trust. Together with a Last Will and Testament or Revocable Living Trust, these Power of Attorney documents form the foundation of a complete estate plan that protects you during incapacity and your beneficiaries after death.

Q: How do I choose guardians for my children?

Choosing guardians for minor children is one of the most important and difficult decisions in estate planning.

There’s no perfect answer, but focusing on your children’s wellbeing (not family politics) leads to the right choice.

Key factors to consider include: shared values and parenting philosophy (will they raise your children with your beliefs about education, religion, discipline, and life priorities?), capacity to raise children (do they have the time, energy, health, and financial stability to take on this responsibility?), age and life stage (are they young enough to raise children to adulthood but mature enough to handle the responsibility?), existing relationship with your children (do your children already know, love, and trust this person?), geographic stability (would your children need to move far from their school, friends, and community?), and willingness to serve (have you actually discussed this with them?). Some parents choose family members for emotional connection, others choose friends who more closely match their parenting style.

Critical steps: Name at least two alternates (in case your first choice predeceases you, becomes incapacitated, or is unable to serve), discuss your decision with all named guardians before finalizing your will (don’t surprise them after your death), consider separate financial management (you can name one person as guardian of the children and a different person as trustee managing inheritance), and review your choice every few years as circumstances change. We help families throughout Johnson County and Wyandotte County navigate this sensitive decision during estate planning consultations. Contact our Leawood office at (913) 908-9113 or submit a consultation request through our website to discuss guardianship planning for your children.

Q: What happens to my minor children if I die?

If you die without legal guardian designations, the court decides who raises your children, which may not align with your wishes.

Proper estate planning includes nominating guardians in your will or trust, naming successor guardians if first choices cannot serve, providing instructions about children’s care and upbringing, establishing trusts protecting inheritance until children reach responsible ages, ensuring adequate life insurance funding children’s care and education, and coordinating guardian nominations with financial provisions.

Guardian designation is the single most important estate planning decision for parents of minor children. Courts give significant weight to your written nominations but aren’t bound by them. Clear documentation combined with conversations with proposed guardians (ensuring they’re willing and able to serve) provides maximum protection. We help parents throughout Johnson County make thoughtful guardian selections and document them properly under Kansas law, providing peace of mind that children will be cared for by people parents choose and trust.

Q: Who should be beneficiaries in my Leawood estate plan?

Your beneficiaries are the people or organizations who receive your assets after death, and you have complete freedom to choose them.

Most people name spouses, children, grandchildren, other family members, close friends, or charitable organizations. You can leave assets outright (beneficiaries receive them immediately) or in trust (providing protection, controlling timing of distributions, or protecting beneficiaries from creditors, divorces, or poor financial decisions).

Important considerations: Name contingent beneficiaries (who receives assets if primary beneficiaries predecease you), consider per stirpes vs. per capita distribution (how assets divide if beneficiaries die leaving children), address unequal distributions if treating children differently, provide for special needs family members without disqualifying them from government benefits, and consider charity as partial beneficiary for tax benefits. We help you think through beneficiary selections carefully, addressing family dynamics, tax implications, and protection needs to ensure your estate plan reflects your true wishes and values.

Q: What if I have a blended family?

Blended families require careful estate planning to balance providing for your current spouse while protecting inheritances for children from previous relationships.

Common concerns include ensuring children from prior marriages receive intended inheritances, providing for your current spouse during their lifetime, preventing your spouse from disinheriting your children after your death, addressing tensions between spouse and children, and treating all children fairly (whether from current or previous relationships).

Solutions include Qualified Terminable Interest Property (QTIP) trusts providing income to surviving spouse for life with remainder to your children, irrevocable life insurance trusts ensuring children receive life insurance proceeds regardless of future changes, clear separate property agreements distinguishing premarital assets from marital property, and specific trust provisions controlling distributions and preventing changes after your death. Blended families are increasingly common, and we’ve helped numerous Johnson County families navigate these sensitive dynamics, creating plans that protect everyone’s interests while preserving family harmony.

Q: Can I disinherit someone?

In Kansas, you can disinherit anyone except your spouse (who has statutory rights to a portion of your estate).

To disinherit someone effectively, you must explicitly state your intention in your will or trust. Simply omitting someone isn’t enough; you need clear language: “I intentionally make no provision for [name]” or “I specifically disinherit [name].” This prevents them from claiming you forgot them or made a mistake.

Special considerations: Disinheriting children requires careful documentation to prevent will contests. Disinheriting a spouse is more complex (Kansas law provides spousal elective share rights allowing spouses to claim a portion of the estate regardless of will provisions). Disinheritance often creates family conflict and potential litigation, so clear documentation and sometimes letters explaining your reasoning help prevent disputes. We help clients accomplish disinheritance goals while minimizing the risk of successful will contests. Throughout Johnson County, we’ve guided families through these sensitive situations with discretion and experienced legal counsel.

Q: What if my spouse and I die together?

Simultaneous death clauses in wills and trusts address common disaster scenarios where spouses die together or in quick succession.

These provisions establish presumptions (often “my spouse is presumed to have predeceased me”) determining asset flow. Without planning, assets might pass to your spouse’s family rather than yours, or distribution might not reflect your true wishes.

Comprehensive planning includes simultaneous death provisions in both spouses’ documents, contingent beneficiary designations addressing scenarios where primary beneficiaries predecease you, backup guardian nominations for minor children (in case primary guardians are also involved in the disaster), and coordinated estate planning ensuring assets ultimately benefit intended beneficiaries even in worst-case scenarios. We help families throughout Johnson County plan for these difficult scenarios, providing peace of mind that children will be cared for and assets will flow according to your wishes regardless of tragedy timing. While no one wants to think about disaster scenarios, proper planning ensures your family is protected even in the worst circumstances.

Q: Can my estate plan help reduce taxes?

Yes, strategic estate planning can significantly reduce or eliminate federal estate taxes, minimize gift taxes, and reduce income taxes on inherited assets.

However, tax planning strategies vary dramatically based on your estate size and goals.

For estates under the current federal estate tax exemption ($13.61 million per person in 2024, $27.22 million for married couples), the focus shifts to income tax planning: maximizing the step-up in basis at death (eliminating capital gains taxes on appreciated assets), strategically timing asset sales and distributions, coordinating retirement account beneficiary designations to minimize income taxes, and utilizing charitable strategies that provide current income tax deductions. For estates exceeding the exemption, advanced strategies include: lifetime gifting to remove assets from your taxable estate, irrevocable life insurance trusts to keep insurance proceeds out of your estate, grantor retained annuity trusts (GRATs), qualified personal residence trusts (QPRTs), and charitable remainder trusts that provide income tax deductions while reducing estate taxes.

Gary Eastman’s M.B.A. in Finance from the University of Kansas provides the financial expertise most estate planning attorneys lack. We understand how investment decisions, tax planning, and estate planning intersect. Over 27 years, our tax planning strategies have saved Kansas clients an average of over $500,000 in estate and income taxes. Whether your estate is $500,000 or over $100 million, we incorporate tax-efficient strategies into every plan we create for families throughout Johnson County and Wyandotte County.

Q: What about retirement accounts in estate planning?

Retirement accounts (401(k)s, IRAs, 403(b)s, pensions) pass directly to named beneficiaries through beneficiary designations, not through your will or trust.

This makes beneficiary designation forms critically important. Common mistakes include naming your estate as beneficiary (forcing accounts through probate and accelerating income taxes), naming minor children directly (requiring court-supervised guardianship), forgetting to update beneficiaries after divorce or other life changes, and failing to coordinate retirement account beneficiaries with overall estate plan.

Best practices: Name specific individuals as primary beneficiaries, name contingent beneficiaries in case primaries predecease you, consider naming trusts as beneficiaries for minor children or beneficiaries needing protection, understand required minimum distribution (RMD) rules for inherited accounts, and coordinate with spouse’s retirement accounts for overall estate planning. Retirement accounts often represent significant estate value. We review all beneficiary designations during estate planning, ensuring they align with your overall goals and don’t inadvertently undermine your carefully crafted estate plan. Throughout Kansas, we’ve helped clients properly integrate retirement accounts worth millions into comprehensive estate plans.

Q: How does life insurance fit into estate planning?

Life insurance provides immediate liquidity to pay estate settlement costs, replace lost income, pay off debts, equalize inheritances among children, or fund buy-sell agreements for business owners.

Life insurance passes directly to named beneficiaries (like retirement accounts) through beneficiary designations, avoiding probate. Proceeds are generally income tax-free to beneficiaries, making life insurance an efficient wealth transfer vehicle.

Advanced strategies: Irrevocable Life Insurance Trusts (ILITs) remove insurance from your taxable estate (important for estates exceeding federal exemption limits), protect proceeds from beneficiaries’ creditors and divorces, and provide professional management of large insurance proceeds. Name trusts as beneficiaries (not minor children directly) to avoid court guardianship. Coordinate insurance with overall estate plan ensuring proper beneficiaries and adequate coverage. We help clients throughout Johnson County and Wyandotte County integrate life insurance strategically into estate plans, maximizing tax benefits and protection while ensuring proceeds accomplish your goals efficiently.

Q: When should I update my estate plan?

Review your estate plan at least every 3-5 years and update it immediately after major life changes. Estate plans aren’t “set it and forget it” documents.

Life events requiring immediate updates include: marriage, divorce, or remarriage, birth or adoption of children or grandchildren, death of a named beneficiary, executor, trustee, or guardian, significant change in assets (inheritance, business sale, real estate purchase), business formation or sale, health diagnosis affecting you or a fiduciary, relocation to another state, and changes in your relationships with named fiduciaries. Kansas law changes can also require updates. For example, estate tax exemption amounts have changed significantly over the past decade, affecting tax planning provisions in older trusts.

Financial institutions sometimes reject powers of attorney or other documents that are more than 5-7 years old, suspecting they might have been revoked or that the signer may no longer have capacity. Even if nothing in your life has changed, periodic review ensures your documents remain current and enforceable throughout Johnson County and Wyandotte County. We can review your existing estate plan and advise whether updates are needed, so reach out to our office at (913) 908-9113 or complete our online consultation request form.

Q: What information do I need for my consultation at your Leawood office?

Bring information about your assets, family situation, and any existing estate planning documents.

Helpful information includes list of assets (real estate, bank accounts, investment accounts, retirement accounts, life insurance, business interests) with approximate values, information about family members (spouse, children, grandchildren, others you want to benefit), existing wills, trusts, or powers of attorney (even if outdated), information about any special circumstances (blended family, special needs family members, business ownership, significant debt, specific wishes or concerns), and questions you want addressed during the consultation.

Don’t worry about having everything perfectly organized. We’ll guide you through the process and help you gather any additional information needed. The initial consultation focuses on understanding your situation, goals, and concerns, then recommending appropriate planning strategies and providing transparent fee quotes. We serve clients throughout Johnson County and Wyandotte County from our Leawood office, offering 60-minute response times during business hours and evening/weekend appointments by arrangement for busy schedules. Contact us at (913) 908-9113 to schedule your consultation.

Q: I own a business - what special planning do I need?

Business owners need integrated planning addressing both business succession (who takes over the business) and personal estate planning (protecting personal and family assets).

Key elements include buy-sell agreements determining what happens to business ownership if you die or become disabled, business valuation for estate tax and buyout purposes, entity structuring providing liability protection and tax efficiency, key person life insurance funding business continuity and buyouts, and coordination between business succession and personal estate planning.

Without planning, your business might be forced into liquidation, your family might lose business value, business partners might be forced to work with your spouse or heirs, or estate taxes might force business sale. With Gary’s M.B.A. in Finance and 27 years of experience including three years at Polsinelli (AmLaw 100 firm) working on over 500 transactions, we understand both the legal and business aspects of succession planning. We help business owners throughout Johnson County and Wyandotte County create coordinated plans protecting both business and family interests. Learn more about business succession planning.

Q: What if I own property in multiple states?

Owning real estate in multiple states without a trust means your family faces multiple probate proceedings after your death - one in each state where you own property. This multiplies the cost, delay, and complexity exponentially.

Here’s the problem: If you’re a Kansas resident with a will and you own a vacation home in Colorado, a rental property in Arizona, and undeveloped land in Arkansas, your estate will go through four separate probate proceedings - one primary probate in Johnson County or Wyandotte County (where you lived), plus three “ancillary probate” proceedings in Colorado, Arizona, and Arkansas. Each state charges separate filing fees, requires a separate attorney licensed in that state, and follows that state’s probate procedures and timelines. Total costs can easily reach $15,000-$30,000 or more, and the process can take 12-24 months.

A properly funded revocable living trust eliminates all of these probate proceedings because the trust owns the real estate, not you personally. When you die, your successor trustee transfers the Colorado vacation home, Arizona rental property, and Arkansas land directly to your beneficiaries according to your trust instructions, without any court involvement in any state. The out-of-state property transfers happen simultaneously with your Kansas assets, typically within 4-8 weeks. This is one of the most powerful benefits of trust planning for anyone owning real estate in multiple states, and it’s particularly common for Kansas families who own vacation properties in Colorado, Missouri, or Florida.

Q: Can I create my own estate plan with online forms?

Yes, you can legally create estate planning documents using online services, but we regularly see these documents fail when families need them most.

Online forms create three major problems: legal invalidity, missed opportunities, and false security.

Common failures include: Kansas-specific requirements missing (improper witness signatures, missing notarization, outdated statutory language that financial institutions reject), assets not properly coordinated (life insurance beneficiaries conflicting with will provisions, retirement accounts going to wrong people, real estate titles not matching estate plan), and critical provisions overlooked (no incapacity planning, guardianship nominations that don’t comply with Kansas law, tax planning opportunities completely missed). We’ve helped multiple families who spent $200 on online documents, only to spend $8,000 fixing problems after a death or during incapacity.

Online forms can’t account for your specific situation. Do you have minor children? A blended family? Own a business? Have property in multiple states? Concerned about asset protection? Each scenario requires different planning that generic templates don’t address. The question isn’t whether you can use online forms (you can), but whether they’ll actually work when your family needs them.

Q: I’m too young for estate planning - right?

Wrong. Every adult needs estate planning regardless of age. If you’re 18 or older, you need healthcare powers of attorney and living wills (your parents lose decision-making authority when you turn 18). If you’re married, you and your spouse need coordinated planning. If you have children, you absolutely need guardian designations and asset protection for their inheritance. If you own a home, you need strategies to transfer it efficiently. If you have retirement accounts or life insurance through work, you need proper beneficiary designations.

Real talk: Accidents, unexpected illness, and tragedy don’t wait until you’re “old enough” for estate planning. A 25-year-old in a coma needs someone with legal authority to make medical decisions. A 30-year-old with young children who dies unexpectedly needs guardian designations protecting those children. A 35-year-old homeowner who dies intestate leaves their family facing months of probate. Over 27 years serving 5,407 Kansas families, we’ve seen how proper planning provides protection and peace of mind at every age and life stage. The question isn’t whether you’re too young; it’s whether you’re ready to protect the people who depend on you and ensure your wishes are followed if something happens unexpectedly.

Kansas-Specific Estate Planning Considerations

Kansas Intestacy Laws

If you die without a will in Kansas, state intestacy laws dictate how your property is distributed. If you’re married with children, your spouse receives half and your children split the other half. If you have no spouse or children, property goes to parents, siblings, or more distant relatives. These default rules rarely align with what people actually want, which is why having a will or trust is essential.

Kansas Probate Process

Kansas offers both formal and simplified probate procedures. Estates valued under $40,000 may qualify for a simplified small estate affidavit process. Larger estates typically go through formal probate, which in Kansas can take 6-12 months or longer depending on complexity. Court costs, executor fees, and attorney fees typically consume 3-7% of the estate value. Proper planning through trusts avoids this entirely.

Kansas Estate Tax Considerations

Kansas does not have a state estate tax or inheritance tax, which simplifies planning compared to some states. However, federal estate taxes still apply to estates exceeding the federal exemption (currently $13.61 million per individual in 2024, but subject to change). Kansas residents with substantial estates should engage in strategic planning to minimize federal estate tax exposure.

Homestead Protections

Kansas law provides homestead protections that can shield your primary residence from certain creditors. Proper estate planning incorporates these protections while ensuring your home passes efficiently to your beneficiaries without probate.

Community Property vs. Common Law State

Kansas is a common law property state, not a community property state. This means property acquired during marriage isn’t automatically owned 50/50 by spouses. Instead, property belongs to whoever holds title or whose earnings purchased it. This distinction affects estate planning, particularly for married couples, and requires careful coordination of ownership and estate documents.

Let’s Meet And Discuss Your Options

Our Leawood office at 4901 W 136th St Suite 240 is centrally located to serve all of Johnson County and the greater Kansas City metro area. We’re just minutes from Overland Park, Olathe, Lenexa, Shawnee, and Prairie Village, with 45 free parking spaces including 6 ADA-compliant spaces and ground-level access to our suite. Most Johnson County clients reach us in 5-20 minutes, making it convenient to meet for consultations, document signing, and ongoing estate planning needs.

Serving Families Throughout Johnson County

The Eastman Law Firm proudly serves families across Johnson County and the greater Kansas City metropolitan area. Wherever you are in our community, we're here to help.

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