Clary concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation.
Overview
He has a preeminent, national reputation for developing and implementing unique solutions to complex problems, resolving intra-family disputes efficiently and sensitively and providing practical advice for current and future generations.
Prior to joining the firm, Clary was a trusts and estates partner in two large law firms, a trust administrator at First Wisconsin Trust Company (now U.S. Bank, N.A.) in Milwaukee and an assistant counsel at Centerre Trust Company of St. Louis (now Bank of America, N.A.).
Deeply involved in the intertwined legal and practical aspects of wealth preservation and transmission, Clary works on complex estates, trusts and estate planning projects, some involving assets valued at over a billion dollars. Using his substantial expertise in resolving estate, gift, generation-skipping transfer and fiduciary income tax issues, he designs tax-efficient structures for high-net worth families and individuals. His experience in fiduciary litigation encompasses will and trust construction cases, will contests, contests of trust instruments, contested claims, breach of fiduciary duty cases and other types of cases involving estates and trusts.
Clary has been married for 47+ years, has four adult children of whom he is very proud and 13 beautiful grandchildren who keep him young. He is an avid runner and cyclist, loves to tackle home and yard improvement and maintenance projects, and is a passionate, glass-pounding, face-painting St. Louis Blues hockey fan.
Experience
Clary has extensive experience in and knowledge regarding the drafting of wills, trust instruments, durable powers of attorney, marital agreements and other estate planning documents.
His tax counsel encompasses pre- and post-death tax planning for individuals, trusts and estates, preparation and filing of estate tax returns, gift tax returns and fiduciary income tax returns.
Clary represents individual and corporate fiduciaries in all aspects of estate administration, and resolves conflicts, including contentious litigation, in the Probate Division of the Circuit Court.
He was the principal author and played a significant role in the enactment of the Missouri Family Trust Company Act.
As chairman of The Missouri Bar's Health Care Durable Power of Attorney Subcommittee, Clary played a significant role in the drafting and enactment of the Missouri Durable Power of Attorney for Health Care Act.
He is an elected member of The American Law Institute and a fellow of The American College of Trust and Estate Counsel, serving on several committees and having previously served as a Regent and as Missouri State Chair.
Clary was an adjunct professor of law (Estate Planning) at Northwestern University School of Law for fifteen years.
He is a member of the Advisory Committee for the Heckerling Institute on Estate Planning.
He was recognized as "Distinguished Estate Planner of the Year" for 2023 by the Estate Planning Council of St. Louis.
He serves as Co-Chair of the Editorial Advisory Board of, and writes a regular column in, Trusts & Estates magazine.
Clary speaks and writes frequently on topics in the trusts and estates field. Among his numerous nationwide speaking engagements, he is the lead presenter in Cannon Financial Institute's monthly estate planning teleconference series.
News & Insights
News
Speaking Engagements
"Estate Planning Recent Developments and Hot Topics," 74th Tulane Tax Institute, November 21, 2025
"Current Developments of Importance to Estate Planners," 51st Annual Notre Dame Tax, & Estate Planning Institute, November 6, 2025
"Notice, Disclosure and Reporting to Beneficiaries and Ethical Considerations – How Much is Too Little, Too Much or Just Right," 62nd Annual Hawaii Tax Institute, November 5, 2025
"Recent Developments and Current Trends in Wealth Transfer Planning," 62nd Annual Hawaii Tax Institute, November 3, 2025
"Selected Estate Planning Recent Developments," 73rd Annual Montana Tax Institute, October 24, 2025
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, October 1, 2025
"Recent Developments of Interest to Estate Planners," 52nd Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 12, 2025
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2025 Tax Institute, January 29, 2025
"For Richer For Poorer: A Potpourri of Planning Tips (and Traps) for Married Couples," 59th Annual Heckerling Institute on Estate Planning, January 16, 2025
"Happily Ever After Securing Both Exemptions," 59th Annual Heckerling Institute on Estate Planning, January 15, 2025
"Recent Developments Affecting Estate Planning," 2024 Stanley M. Johanson Estate Planning Workshop, The University of Texas School of Law, December 6, 2024
"How to Maximize Your Wealth Transfer Strategy After Death: A Comprehensive Post-Mortem Planning Program," 61st Annual Hawaii Tax Institute, November 6, 2024
"Recent Developments and Current Trends in Wealth Transfer Planning," 61st Annual Hawaii Tax Institute, November 4, 2024
"To Whom and When Does an Estate Planner Owe Duties?" 59th Annual Southern Federal Tax Institute, October 25, 2024
"Selected Estate Planning Recent Developments," 72nd Annual Montana Tax Institute, October 18, 2024
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, October 10, 2024
"Tying It Altogether: Review of Conference Presentations and Key Takeaways," 50th Annual Notre Dame Tax & Estate Planning Institute, September 27, 2024
"Current Developments of Importance to Estate Planners," 50th Annual Notre Dame Tax & Estate Planning Institute, September 25, 2024
"Estate Planning Recent Developments," 30th Annual Salvation Army Estate & Charitable Giving Seminar, September 10, 2024
"Spousal Lifetime Access Trusts ("SLATS") – A Fleeting Opportunity," 30th Annual Salvation Army Estate & Charitable Giving Seminar, September 10, 2024
"Charitable Planning Potpourri," 30th Annual Salvation Army Estate & Charitable Giving Seminar, September 10, 2024
"Designing and Administering Special Purpose Trusts – Beyond Boilerplate," 30th Annual Salvation Army Estate & Charitable Giving Seminar, September 10, 2024
"Ethics Issues in a Contemporary Estate Planning Practice," 30th Annual Salvation Army Estate & Charitable Giving Seminar, September 10, 2024
"Selected Recent Developments and Current Trends in Estate Planning," Marvin R. Pliskin Advanced Probate and Estate Planning Institute, Ohio State Bar Association, September 6, 2024
"Notable Developments in Estate Planning & Administration," 51st Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 25, 2024
"Gift and Estate Tax Black Holes," 51st Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 25, 2024
"Recent Developments of Interest to Estate Planners," 51st Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 6, 2024
"Spousal Lifetime Access Trusts – Opportunities and Obstacles," 26th Annual Estate, Tax, Legal & Financial Planning Seminar - Johns Hopkins All Children's Hospital Foundation, May 16, 2024
"Spousal Lifetime Access Trusts – Opportunities and Obstacles," The Conner-Zaritsky 45th Annual Advanced Estate Planning and Administration Seminar 2024, April 26, 2024
"Spousal Lifetime Access Trusts – Opportunities and Obstacles," ACTEC Southern Region Meeting, April 13, 2024
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2024 Tax Institute, January 24, 2024
"Wrap-Up: Onward and Upward," 58th Annual Heckerling Institute on Estate Planning, January 12, 2024
"Selected Estate Planning Recent Developments," Greater Memphis Community Foundation, December 14, 2023
"When Doing What's 'Right' Might be Wrong," 60th Annual Hawaii Tax Institute, November 7, 2023
"Selected Estate Planning Recent Developments," 60th Annual Hawaii Tax Institute, November 6, 2023
"Selected Estate Planning Recent Developments," 71st Annual Montana Tax Institute, October 13, 2023
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, September 26, 2023
"Notre Dame 2023: Review of Conference Presentations and Key Takeaways," 49th Annual Notre Dame Tax & Estate Planning Institute, September 22, 2023
"Current Developments of Importance to Estate Planners," 49th Annual Notre Dame Tax & Estate Planning Institute, September 21, 2023
"Preventing Estate Litigation – 'In Terrorem' Clauses," ACTEC/ALI-CLE Webinar, September 14, 2023
"Estate Planning in 2023: The Pursuit of Excellence in Contemporary Estate Planning," 29th Annual Salvation Army Estate & Charitable Giving Seminar, September 12, 2023
"Charitable Planning Bonanza," 29th Annual Salvation Army Estate & Charitable Giving Seminar, September 12, 2023
"Don’t Overlook the Power of Powers," 29th Annual Salvation Army Estate & Charitable Giving Seminar, September 12, 2023
"Giving Income Tax Considerations the Respect They Deserve," 29th Annual Salvation Army Estate & Charitable Giving Seminar, September 12, 2023
"Failure to Recognize What Could be Serious Ethics-Related Problems," 29th Annual Salvation Army Estate & Charitable Giving Seminar, September 12, 2023
"Notable Developments in Estate Planning & Administration," 50th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, August 3, 2023
"Spousal Lifetime Access Trusts – Opportunities and Obstacles," 50th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, August 3, 2023
"Selected Recent Developments and Current Trends in Estate Planning," Greater New Jersey Estate Planning Council, June 14, 2023
"Recent Developments of Interest to Estate Planners," 50th Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 8, 2023
"Selected Recent Developments and Current Trends in Estate Planning," Tri-State Trust Conference, April 27, 2023
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2023 Tax Institute, January 25, 2023
"Wrap-Up: It Ain't Over Till It's Over," 57th Annual Heckerling Institute on Estate Planning, January 13, 2023
"Selected Estate Planning Recent Developments," 59th Annual Hawaii Tax Institute, November 7, 2022
"No Good Deed Goes Unpunished," 59th Annual Hawaii Tax Institute, November 8, 2022
"Spousal Lifetime Access Trusts – Opportunities and Obstacles," 57th Annual Southern Federal Tax Institute, October 27, 2022
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, October 21, 2022
"Selected Estate Planning Recent Developments," 70th Annual Montana Tax Institute, October 14, 2022
"Estate Planning & Fiduciary Litigation Seminar," Kansas City, Minneapolis, St. Louis, September 2022
"It Seemed Like a Good Idea at the Time: Making Changes to an Irrevocable Trust," Washington, D.C. Estate Planning Council, September 23, 2022
"Estate Planning in 2022: Seizing Opportunities and Avoiding Obstacles," Salvation Army, September 8, 2022
"Designing Estate Plans to Avoid or Withstand Challenges," Salvation Army, September 8, 2022
"Ethics Issues for Estate Planners Before the Engagement Begins," Salvation Army, September 8, 2022
"Notable Developments in Estate Planning & Administration," 49th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 29, 2022
"Contemporary Trust Administration Challenges," 49th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 29, 2022
"Selected Post-Mortem Tax Planning Strategies and Elections," 46th Annual American Institute on Federal Taxation, June 15, 2022
"Recent Developments of Interest to Estate Planners," 49th Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 9, 2022
"Selected Recent Developments in Estate Planning," Fiduciary Education Foundation Continuing Education Conference, May 19, 2022
"It Seemed Like a Good Idea at the Time: Making Changes to an Irrevocable Trust," 56th Annual Heckerling Institute on Estate Planning, March 31, 2022
"Recent Legislative Developments Update," Trusts & Estates Virtual Forum, March 2, 2022
"Basis Bonanza: Dealing with Consistency Rules and Generating Step-Up,"14th Annual Texas Tech University School of Law Estate Planning and Community Property Law Journal CLE & Expo, February 25, 2022
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2022 Tax Institute, January 26, 2022
"Basis Bonanza: Dealing with Consistency Rules and Generating Step-Up," 59th Annual Great Plains Federal Tax Institute, December 2, 2021
"The Junction of Excellent Estate Planning and Terrible Trust Administration," 58th Annual Hawaii Tax Institute, November 15, 2021
"Selected Estate Planning Recent Developments," 58th Annual Hawaii Tax Institute, November 15, 2021
"Selected Estate Planning Recent Developments," 'Bank of America Virtual Fiduciary Professionals' Conference, October 28, 2021
"Basis Bonanza: Dealing with Consistency Rules and Generating Step-Up," 56th Annual Southern Federal Tax Institute, October 27, 2021
"Current Developments of Importance to Estate Planners," 47th Annual Notre Dame Tax & Estate Planning Institute, October 21, 2021
"Tying It All Together – Wrap-Up," 47th Annual Notre Dame Tax & Estate Planning Institute, October 22, 2021
"Drafting and Strategies to Avoid Litigation," ACTEC Heart of America Institute, October 22, 2021
"Selected Estate Planning Recent Developments," 69th Annual Montana Tax Institute, October 15, 2021
"Post-Mortem Tax Elections and Strategies," ACTEC 2021 Fall Meeting, October 9, 2021
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, September 23, 2021
"Ethics Issues Facing Trusts and Estate Practitioners," Greenville Estate Planning Council 2021 Fall Seminar, September 16, 2021
"Notable Developments in Estate Planning & Administration," 48th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 29, 2021
"Picking Up the Pieces: Post-Divorce Planning," 48th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky Rosenberg College of Law, July 29, 2021
"Recent Developments in Valuation and Inclusion in the Gross Estate," The Society of Trust and Estate Practitioners (STEP-St. Louis), July 21, 2021
"Recent Developments of Interest to Estate Planners," 48th Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 3, 2021
"We Saw. We Heard. We Read. We Learned.," 55th Annual Heckerling Institute on Estate Planning, May 6, 2021
"Estate Planning for All Professionals," Red River Valley Estate Planning Council, March 17, 2021
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2021 Tax Institute, January 29, 2021
"Key Federal & State Considerations and Opportunities in 2021," Trusts & Estates Virtual Forum, January 12, 2021
"Hot Topics As We Move Into the Third Decade," Keynote Presentation at 10th Annual AEP and EPLS Forum and Election Ceremony for the National Association of Estate Planners and Councils Estate Planning Hall of Fame® Class of 2020, December 2, 2020
"Post-Election Debriefing: The Future of Estate Planning," Association of Trust Organizations, November 19, 2020
"Hot Topics and New Developments in Estate Planning," Federal Tax Institute of New England, November 13, 2020
"Selected Estate Planning Recent Developments," Kansas City Estate Planning Society, October 7, 2020
"Things About Which We Should be Fired Up, Worried, Surprised, or Shocked," 47th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky College of Law, July 30, 2020
"Identifying Landmines and Minimizing Battle Scars in Conflicts Between Trustees and Beneficiaries," 47th Annual Midwest-Midsouth Estate Planning Institute, University of Kentucky College of Law, July 30, 2020
"Recent Developments of Interest to Estate Planners," 47th Annual Midwest Estate, Tax & Business Planning Institute, Indiana Continuing Legal Education Forum, June 4, 2020
"Recent Developments and Current Trends in Estate Planning," USC Gould School of Law 2020 Tax Institute, January 29, 2020
"Finishing Strong," 54th Annual Heckerling Institute on Estate Planning, January 17, 2020
Publications
"When May a Trust Beneficiary's Request for Information be Improper?" Trusts & Estates, October 2025
"Another Problem With Early Trust Terminations," Trusts & Estates, May 2025
"Final Basis Consistency Regulations Improve on the Proposed Regulations" Trusts & Estates, January 2025 (co-authored with Turney P. Berry)
"Did the Moores Make the Wrong Argument?" Trusts & Estates, July-August 2024
"On the Road to Incapacity," Trusts & Estates, May 2024
"In Terrorem Clauses," The Practical Lawyer, April 2024
"CCA 202352018 – Tip of the Iceberg," Trusts & Estates, March 2024
"Emerging Topics and Trends to Follow," Trusts & Estates, January 2024
"Dealing With a "Bad" Trustee," Trusts & Estates, October 2023
"Representation of Others Under the UTC," Trusts & Estates, July-August 2023
"Powers of Appointment and Fiduciary Duties," Trusts & Estates, May 2023
"Word Formulas That Don’t Work…and Those That Do," Trusts & Estates, March 2023
"Beware ESG Investing in a Trust," Trusts & Estates, December 2022
"Is a Closing Letter Worth $67?" Trusts & Estates, October 2022
"Less Giddy About GRATs," Trusts & Estates, July-August 2022
"What Basis Consistency Regulations?" Trusts & Estates, May 2022
"Screening Clients to Avoid Problems Before They Develop," Trusts & Estates, March 2022
"Playing Chess With the Feds," Trusts & Estates, January 2022
"Now You See It, Now You Don’t: Tangible Personal Property in Trust," Trusts & Estates, December 2021
"After the Divorce: What About Qualified Plan Beneficiary Designations?" Trusts & Estates, October 2021
"Includable and Deductible Amounts Not Always the Same," Trusts & Estates, July-August 2021
"The Specter of Double Inclusion in the Gross Estate," Trusts & Estates, May 2021
"'ING' Trusts Aren't for Everyone," Trusts & Estates, March 2021
"2020 Leaves an Indelible Imprint on Estate Planning," Trusts & Estates, January 2021
"Trust Termination Trepidation," Trusts & Estates, November, 2020
"Risky Business: Lawyers Representing Trustees," Trusts & Estates, September 2020
"Estate Planning in a Pandemic," Trusts & Estates, July 2020
"Can Decanting be a Gift?" Trusts & Estates, May 2020
"Assessing the Proper Role of Portability," Trusts & Estates, March 2020
"Snoozers and Surprises Pave the Way to 2020," Trusts & Estates, January 2020
Recognitions
Recognitions
Named in Missouri Lawyers Weekly Tax and Estate Planning "POWER LIST," 2022, 2025
Named to Missouri & Kansas Super Lawyers top lists (2019 - Present), including the "Top 100" list in Missouri and Kansas (2019 - Present) and the "Top 50" in St. Louis (2019 - present)
Inducted into the Estate Planning Hall of Fame® by the National Association of Estate Planners and Councils, November 8, 2018
Received The Missouri Bar President's Award, 1991
Recognized in The Best Lawyers in America® list for 34 consecutive years
Recognized by Best Lawyers with the "Lawyer of the Year" award in Litigation – Trusts and Estates, 2012-2015, 2025
Recognized as one of America's Leading Lawyers by Chambers High Net Worth (Band One) in the "Private Wealth Law" category for the Central Region of the U.S. as well as for Missouri. In the 2025 edition, Clary is recognized as a highly regarded practitioner with extensive experience assisting high net worth clients with estate planning, tax planning and the administration of trusts.
Professional & Civic Activities
Professional & Civic Activities
State Bar of Wisconsin
The Missouri Bar, Probate and Trust Committee
Illinois State Bar Association, Section on Trusts and Estates
The Bar Association of Metropolitan St. Louis, Probate and Trust Section, Past Chairman
American College of Trust and Estate Counsel (ACTEC), Fellow (Past Regent; Past Missouri State Chair)
American Law Institute, Elected Member
Estate Planning Council of St. Louis
Practices & Industries
Admissions
- Illinois, 1991
- Missouri, 1980
- Wisconsin, 1979
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
- U.S. Tax Court
Education
Saint Louis University, J.D., 1979
Saint Louis University, B.A., History, summa cum laude, 1976
- Phi Beta Kappa
