Frequently Asked Questions

General Qs
 

How much do your services cost?

It is a misnomer that you pay for an attorney's time... what you pay for is experience, expertise, and added value. We are often able to quote a flat-fee, known upfront without surprises, rather than an hourly rate. We assure you in the long run, the cost of properly drafted plans are less than the cost of poorly drafted plans or no plan at all. Most of our clients find our services affordable, and we do not recommend anything we do not truly believe is in your best interest.

As for personal injury litigation in particular, we generally take a percentage of whatever monetary amount is recovered from your case. This prevents you from worrying about how long the case will take to resolve or worry about being left with a large bill if the recovery is less than you hoped for. In personal injury cases involving co-counsel, we split our fee with the other involved firm, meaning there is no additional cost to you.
 

Why should I use you instead of another firm?

We do not claim to be the only firm capable of handling your needs, but we would love to be provided the opportunity. We value our process of getting to know you and your situation so as to best address your needs. Regardless of whether you use us or someone else, we encourage you to choose a firm that focuses on Business & Litigation, or Estate Planning & Elder Law, as the case may be. Some firms dabble in these areas and practice a wide array of fields while others have taken the time to focus and know them well.
 

Why should I use an attorney instead of an online service?

A FEW of the simpler services we offer are possible by yourself, but bear in mind online documents are never reviewed by a real attorney and are rarely comprehensive to your situation. Even LegalZoom has a disclaimer stating they are "not a substitute for the advice of an attorney." You will not know if you drafted it right or applied law correctly. Self-drafted documents often have irrelevant or missing sections, or apply the law in surprising ways. Paying upfront for a real attorney can save headaches and give peace of mind down the road.

As for litigation services, these cases are quite literally impossible to do with an online service. If you choose to resolve a dispute or attempt to recover compensation for your injury by engaging the court system, you will have to either do so on your own or hire an attorney. Whether you choose our firm or not, we strongly recommend you hire an attorney for litigation.
 

Business & Litigation Qs
 

What structure should I choose for my business (Corporation, LLC, etc.)?

There is not a uniform answer for everyone. It depends on various factors. With some businesses, one entity structure has an advantage while with others it matters very little. We can look at your unique business and discuss this with you. Some main points to remember are that LLCs have "pass through" taxation by default, and that Nonprofits have very different goals and treatment from other types of entities.
 

What is a Series LLC?

A Series LLC is a type of entity legal in both Missouri and Kansas. In short, it is a "master" LLC that holds two or more "mini" LLCs. The Series LLC creates multiple layers of liability protection for different aspects of your business, such as rental properties or different departments, while keeping the operation "under one roof" so to speak. Because the Series LLC is fairly new, it is not yet clear how the courts will treat them for purposes of liability protection compared to conventional LLCs or Corporations.
 

How involved and expensive is a personal injury lawsuit?

It depends! There is no precise answer to this question, but once we know some of the factors involved, we aim to give you a rough idea of what we believe a reasonable recovery and expected time frame should be. Keep in mind, however, that these are only estimates and we cannot guarantee anything. Factors affecting the involvement and expense of a case include but are not limited to: severity of injuries, the relative fault of the parties, the amount of medical bills incurred, the quality of medical records available, the availability of other documentation and evidence, the availability of insurance from involved parties, the financial liquidity of the involved parties, the need for multiple depositions, the need for traveling, the perceived credibility of the parties and witnesses, the need for medical expert witnesses, the need for expert accident reconstruction, the need for economic expert witnesses, the patience and willingness of the parties to settle, court availability for trial, and anticipated perception of how a potential jury will view all factors. Other considerations can and sometimes do come into play, but the above gives you an idea of why the litigation process has many variables to consider.
 

How involved and expensive is a guardianship?

The involvement and expense associated with a guardianship usually pales in comparison to personal injury cases, so take heart! Particularly when the family and any relevant physicians or social workers are in agreement as to what should happen with an individual, guardianship proceedings can run smoothly and quickly. While it is true that guardianship can be contested, it is rarely ever at the same level as personal injury litigation.
 

Estate Planning & Elder Law Qs
 

How often should I update my estate plan?

Think of your estate plan as a living, breathing plan that should evolve as your situation changes throughout your life. An estate plan designed for when you are 30 years old with a young family is not likely to be as effective if it is still in place when you are 65 years old and facing a much different set of concerns. Any time a major event occurs in your life, such as an inheritance or the birth of a grandchild, you should review your estate plan. In general, it is a good idea to revisit your plan every three or four years, even if no changes are needed.
 

What happens if I die without an estate plan?

It depends on whether you are talking about your assets or your spouse and children, but the short answer is that the courts will decide. There is a process called probate where your assets will be distributed upon your death, and where the guardians and conservators will be chosen for any minor children or special needs beneficiaries that you may have. Creating a Will lets you dictate what happens at probate, while creating a Trust lets your estate avoid probate altogether.
 

What is so special about irrevocable trusts?

When you create a revocable (living) trust, you maintain a high level of control over your assets. However, when you create an irrevocable trust, the courts no longer recognize you as being in control of your assets and you, in effect, are deemed not to actually own them. Because of this, both Medicaid, the IRS, and various other entities treat irrevocable trusts differently and allow things that might otherwise be impermissible, such as shielding assets from Medicaid spend down in later life.

That being said, please be aware that even though it is called "irrevocable," this does not necessarily mean that it is impossible to change. You may generally change the designated trustee as circumstances evolve. It is also generally possible to entirely undo an irrevocable trust by getting all interested parties to sign off on it.