Probate & Estate Administration Lawyers in Springfield, MO
Probate is the process of the Court determining who are the appropriate heirs of a deceased person’s assets and in which title is transferred from the name of the deceased to the names of the beneficiaries.
Often, the first real test to an estate plan (or lack of an estate plan) comes after the individual passes away. This is when the determination is made how much, if any, of that person’s assets will have to go through probate.
Unfortunately, probate can be an expensive and time-consuming process that most people would prefer to avoid if possible
Why the Right Probate Lawyer Matters
One of the most popular misconceptions in estate planning is that if someone has a will, it helps keep their assets from having to go through probate.
That is not true.
A will is an instruction to the probate court. It tells the probate court who you want to be in charge of your estate and how you want your property distributed. This means that the ONLY way a Last Will and Testament will have be effective is if the estate is going through probate. If there is no probate estate, then the will is basically meaningless.
For many families, using a revocable trust provides the comprehensiveness necessary for a good estate plan, while also avoiding probate, and allows the family flexibility in their planning. For some using non-probate transfer designations (i.e. Payable on Death (POD), or Transfer on Death (TOD)) can be a suitable solution.
Does having a trust make post-death administration easier?
Even if a person has a revocable trust, there is still administration that needs to take place. Assets must still be consolidated, final bills paid, and ultimately, distribution of the assets to the heirs. The difference is that with a trust, the administration can be done outside of the probate court for a fraction of the costs, and at the family’s pace instead of the State’s rules and procedures.
Using an experienced estate planning attorney for the administration of your trust ensures that your assets are distributed as you intend. Even the best estate plan can be weakened by sloppy administration.
Other Frequently Asked Questions
What does a probate lawyer do?
A probate lawyer represents clients who are required to go to probate court after the death of a loved one to transfer the loved one’s assets to the beneficiaries of the estate.
Should I hire a probate attorney?
You may need a probate lawyer if you had a loved one pass away without an estate plan. In some cases you are required by the court to hire an attorney before you can file in probate. A probate attorney can provide invaluable legal advice and assistance with the probate process, which can be complicated and has very strict deadlines that cannot be disregarded.
What is the difference between a probate lawyer and an estate lawyer?
See above An attorney who practices probate law likely also practices estate planning law, and vice versa. One primary goal of estate planning is to avoid probate. An estate planning attorney prepares legal documents and provides legal advice to clients so that the clients’ assets will avoid probate upon the death of the client. If a person has failed to do an appropriate estate plan, then a probate attorney can help the person’s loved ones take the person’s assets through probate so the person’s heirs can inherit the assets.
