Missouri quietly gave married couples a powerful new tool — and few know it exists.
When most Missouri couples create a joint revocable trust, they assume their assets are fully protected. In reality, that’s not always true.
Traditional joint ownership (called tenancy by the entirety) protects your home and accounts from the separate creditors of either spouse — but that protection typically disappears when one spouse dies.
Thanks to a recent change in Missouri law, there’s now a better option: the Qualified Spousal Trust (QST).
What Is a Qualified Spousal Trust?
A Qualified Spousal Trust is a special type of joint revocable trust available only to married couples under Missouri Revised Statute § 456.950.
To qualify, both spouses must:
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Be married when the trust is created;
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Transfer assets into a single trust administered for both spouses; and
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Retain rights to income and principal during their lifetimes.
Essentially, it’s a trust that acts like joint ownership — but with stronger, longer-lasting protections.
New Legal Protection for Missouri Couples
Under Missouri’s revised QST law, property held in a Qualified Spousal Trust now remains immune from the separate creditors of either spouse even after one spouse passes away, as long as:
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The property was held in a QST before the first death, and
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It remains in a QST afterward.
This is a significant improvement. In traditional tenancy by the entirety, protection ends when one spouse dies, exposing the surviving spouse to potential creditor claims.
Under the new law, QST property can continue to enjoy that immunity, preserving the family’s financial stability and legacy.
Why It Matters
This update makes Missouri one of the most protective states in the country for married couples’ assets.
A Qualified Spousal Trust can:
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✅ Extend creditor protection beyond death
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✅ Simplify administration (no need to retitle assets after a death)
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✅ Reduce probate exposure
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✅ Preserve privacy and control for the surviving spouse
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✅ Support blended-family and business-owner planning
For high-net-worth couples, this combination of flexibility and protection is unmatched.
Do You Already Have a Qualified Spousal Trust?
Many Missouri couples believe they have this protection — but don’t.
To qualify under the statute, your trust must meet specific requirements and clearly state that it’s a “Qualified Spousal Trust under RSMo § 456.950.”
If your trust was created before this law or doesn’t explicitly reference the statute, it may need a short amendment or restatement to obtain the full benefits.
How to Update or Create a QST
The process is simple:
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Review your existing trust to confirm eligibility.
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Amend or restate your trust to meet QST requirements.
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Retitle key assets (real estate, accounts, etc.) in the name of your Qualified Spousal Trust.
Once complete, you’ll have a plan that offers both comprehensive estate control and continued asset protection for your family.
Take the Next Step
At The Kaiser Law Firm, P.C., we help Missouri families and business owners create estate plans that actually work when life happens.
If you’re married and your trust hasn’t been reviewed recently, now is the perfect time.
You could be one amendment away from significantly stronger protection.
📅 Schedule Your Missouri Trust Review
or call (314) 966-7766 to speak with our team.