Experienced St. Louis and St. Charles Probate Attorneys
Guiding Surviving Family Members through the Probate Process
Following a death, the deceased’s property is administered by the courts, which aim to distribute the property in accordance with the deceased’s wishes as closely as possible. The court will examine any estate planning documents, such as wills or trusts, will hear challenges from family members and will authorize the deceased’s property and assets to be divided in a certain manner. This process is called probate. While in some cases probate may be a relatively simple and smooth process, other cases can become extremely complicated with numerous legal issues. For this reason, you always want to have an experienced St. Charles probate lawyer on your side to protect your rights throughout the probate process.
What is Probate?
Probate is the legal procedure for the distribution of a deceased person’s property. There are several steps in the probate process, which may include the following:
- Filing the will and proving the validity of that will.
- Identifying and appraising all of the deceased person’s assets and property.
- Paying the required taxes and debts out of the estate.
- Distribution of the remaining property in accordance with a valid will, or with state law if there was no valid will.
If the deceased had a proper, well-designed estate plan, the probate process may go smoothly. However, there are numerous complications and issues that may arise during probate, even if the deceased did have a will.
What issues may arise in a Missouri probate case?
When issues arise in probate, litigation may be required, so you should always have an attorney who is familiar with litigating this type of case. Some legal problems that may arise include:
- The executor or trustee breaches the duty regarding the will or trust.
- Individuals contest the will due to suspected fraud, lack of capacity, undue influence, or other legal requirements that are not fulfilled.
- Heirs have disputes over property.
- Others not included in the will make a challenge to claim they should have been included.
- Suspected false claims are made by creditors.
Contact an experienced St. Charles probate lawyer for help today
If you are facing the probate process, you should contact an experienced St. Charles probate attorney for assistance as soon as possible. At our office, the attorneys are all dedicated to protecting your rights during probate to ensure your loved one’s wishes are respected. Please call us today at (636) 947-3600 to schedule a consultation.