Southeast Kansas Business, Farm And Family Estate Planning Lawyer
Dying or becoming incapacitated without an estate plan can invite chaos and turmoil into the lives of your family members. Without the proper estate planning documents in place spelling out your final wishes, grieving family members can become embroiled in costly disputes after your passing. Without a plan, assets that do not have a designated beneficiary or joint owner will be distributed according to Kansas intestacy laws, which may not match what you intended.
The best way to protect your spouse, children and other survivors from these entanglements is to have a well-crafted will or trust in place. My name is Mark Werner, and I am an estate planning attorney in Crawford County, Kansas. My firm has served businesses and families in southeast Kansas for more than four decades. I can help you develop the documents you need to protect your legacy and provide you and your family peace of mind.
Everyone Benefits From Estate Planning
Estate planning is not just for individuals with high net worth. In my role as an estate planning attorney, I work with clients from all walks of life. All families deserve to be spared from the added strain of unnecessary litigation, and everyone has the right to decide how his or her assets should be distributed, however big or small those assets may be.
Many of my clients are business owners. Proper succession planning is the best way to protect financial interests while passing a business to the next generation of owners or managers. My job is to sit with business leaders and discuss their situations before advising them on which options are best. Even after my clients’ documents have been drafted, I continue to work with them so that if their wishes change, their documents will reflect those changes.
When determining how the distribution of assets should be done, I talk to my clients about their priorities and help them make appropriate choices. If I think it will be beneficial to them, I will talk to my clients about setting up trusts and other alternatives to probate.
Experienced In Estate Planning With Farm And Agricultural Assets
The estate planning needs of farmers in southeast Kansas are unique and often-times complex. Many of them own tracts of agricultural property with unique land preservation needs, own or lease large, expensive agricultural machinery, and/or oversee a large, multigenerational farm business. I have lived and worked in the Pittsburg area my entire adult life and have worked with many farm families to develop estate plans that take the details of their individual operations into account.
When I sit down to discuss estate planning with local farm families, I typically focus on delivering:
- A last will and testament that specifies how land, equipment and livestock will be distributed to family members of the next generation
- When appropriate, a trust that can protect assets, avoid probate, and provide for incapacity. While federal estate taxes now only apply to estates exceeding $15 million (as of 2026), a trust remains a vital tool for privacy and asset protection.
- A clear business succession plan that allows the family to train younger members to take the reins at the right time
- A tax minimization plan that offers strategies for making these transfers in a tax-efficient manner
You’ve put your heart and soul into your farm business. I provide advice on the best ways to pass it on to your heirs.
When Should You Consider A Trust?
As mentioned above, trusts are a useful tool in Kansas estate planning. While having a will helps your family understand your wishes for who gets your assets and property, creating a trust has the following additional benefits:
- A properly set-up and funded trust can avoid probate. Assets placed in the trust can go directly to the intended beneficiary.
- Irrevocable trusts can provide asset protection; however, Kansas law has specific rules regarding ‘self-settled’ trusts, and the trust must be carefully structured to ensure it provides creditor protection.
- Trusts, unlike probate, are private. Your instructions for distribution will not be a matter of public record.
- You can provide for family members with long-term care needs with a special needs trust.
While a trust is an excellent tool for complex estates, Kansas also allows for Transfer on Death (TOD) Deeds, which can pass land and machinery directly to your heirs without probate. I can help you decide which tool is best for your situation.
Estate Administration And Probate Litigation Services
Estate administration, also known as probate, is the process by which assets are passed to beneficiaries from the deceased. When handling estate administration, my goal is to make the process as expedient as possible. I focus on the legal issues while my clients focus on grieving and moving forward.
I also provide effective trial advocacy on behalf of family members, beneficiaries, executors and others whenever disputes arise in connection with wills, asset distributions, trust management or other issues.
Start Your Estate Planning Today
As an adult, you are never too young to develop an estate plan. To get started on your estate plan or learn more about our probate services, contact the Law Office of Mark A. Werner office in Pittsburg at 620-206-4082 or fill out this brief online contact form.
