You and your spouse have built a life together, and you want to know the person you love will be taken care of if something happens to you. Good estate planning for married couples in Missouri and Kansas does more than leave everything to the survivor. The law gives married people some planning tools that no one else can use, and the right ones depend on your family, your assets, and whether this is a first or a later marriage.

Here is a plain-language look at four tools we often discuss with married clients, along with a few Missouri and Kansas rules you should know about.

Do married couples in Missouri and Kansas need more than a simple will?

Many couples start with “I love you” wills that leave everything to each other. That can work, but it leaves some questions open. What if the surviving spouse remarries? What if one of you has children from a prior relationship? What if the survivor later needs long-term care? A plan built for married couples answers those questions on purpose instead of leaving them to chance.

It also helps to know that you generally cannot cut a spouse out entirely in either state. Missouri’s elective share statute lets a surviving spouse claim one-half of the estate if there are no lineal descendants, or one-third if there are. Kansas uses a sliding scale under K.S.A. 59-6a202: the share grows with the length of the marriage and reaches 50% of the “augmented estate” after 15 years. If you have questions about what your spouse and children receive by default, our post on whether your spouse and kids inherit everything is a good starting point.

What is a lifetime QTIP trust?

A qualified terminable interest property (QTIP) trust is often used when one spouse owns more than the other, or when there are children from a prior marriage. During life, the wealthier spouse moves money or property into an irrevocable trust for the other spouse. The beneficiary spouse receives the trust income for life and, if the trust allows, can receive principal for needs like health care.

When the beneficiary spouse dies, whatever remains passes to the people the original spouse chose, such as their own children. That makes a QTIP trust a common tool for blended families: it can provide for a spouse without giving up control over who ultimately inherits. It can also offer some creditor protection compared with simply handing assets to a spouse outright.

Because the trust is irrevocable, drafting matters. If the marriage ends in divorce, a former spouse could keep receiving income unless the trust defines the beneficiary as your current spouse.

How does a spousal lifetime access trust (SLAT) work?

A spousal lifetime access trust, or SLAT, is another irrevocable trust one spouse creates for the other. The difference is flexibility. A SLAT does not have to pay all of its income to the beneficiary spouse, and children or grandchildren can be named as beneficiaries too. The spouse who funds the trust uses their own gift and estate tax exemption, and the assets can grow outside both spouses’ taxable estates if the trust is properly structured.

The tradeoff is access. The spouse who created the trust benefits only indirectly, through the beneficiary spouse. If that spouse dies first or the couple divorces, the creating spouse may lose that indirect access, and the gift cannot be undone. When both spouses want SLATs, the two trusts must be meaningfully different. Nearly identical “reciprocal” trusts can be disregarded by the IRS, which would undo the planning.

What is portability, and why should a surviving spouse file Form 706?

For 2026, the IRS lists the basic exclusion amount at $15 million per person, under Public Law 119-21 signed in July 2025. Most Missouri and Kansas families will never owe federal estate tax. Even so, portability is worth understanding because exemption amounts are set by Congress and can change.

Portability lets a surviving spouse add the deceased spouse’s unused exclusion (called the DSUE amount) to their own. The catch is that it is not automatic. According to the IRS estate tax FAQs, the estate must file a Form 706 estate tax return to make the election, even if no tax is due. The return is generally due nine months after death, with an automatic six-month extension available. Estates that are not otherwise required to file may be able to use a simplified IRS procedure (Rev. Proc. 2022-32) to elect portability up to five years after death.

Two practical points:

• If you remarry, keep in mind that the DSUE amount comes from your most recently deceased spouse.
• Filing for portability is a decision to make soon after a spouse’s death, not years later, so talk with your attorney and tax preparer early.

Do these trusts protect assets from nursing home costs in Missouri and Kansas?

This is a common point of confusion. QTIP trusts and SLATs are primarily estate tax and family planning tools. They are not designed as Medicaid planning, and assets one spouse places in trust for the other may still be counted when either spouse applies for long-term care Medicaid. Under federal spousal impoverishment rules, Medicaid looks at a married couple’s combined resources and protects a certain amount for the spouse who stays at home.

If long-term care is a concern, plan for it separately and with care. Our articles on how to pay for long-term care and powers of attorney for Medicaid planning explain more.

Is Missouri or Kansas a community property state?

No. Both Missouri and Kansas are common law property states. If you and your spouse once lived in a community property state, such as Texas or California, and still own property acquired there, tell your attorney. That property may need special handling before it goes into a trust.

Talk with The Binder Firm about protecting your spouse

Every marriage and every family is different. Whether you are newly married, in a second marriage, or have been together for decades, the right plan should reflect how you want to care for each other. The Binder Firm helps married couples in Missouri and Kansas build estate plans that fit their lives. Call us at 816-866-8264 to schedule a consultation.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.