How Can A Probate Attorney Can Help You?
In order to better understand whether or not you need the assistance of a probate lawyer serving St. Peters, MO, it is best to understand the definition of probate and what hiring a probate attorney can mean for the estate of a deceased loved one.
The purpose of going through the probate process is to have the court supervise the business of finding and organizing the assets of the deceased and then disseminating them to the beneficiaries and creditors. If the state you reside in uses the Uniform Probate Code, a group of laws written by professionals with an expertise in probate, then the job of the executor is a bit easier and more straightforward.
Any time you are unsure of how to proceed with the distribution of an estate’s assets and would like to speak with a probate lawyer for St. Peters, MO, you can feel comfortable contacting the experienced estate attorneys at Legacy Law Center, with your questions and concerns.
If you feel, as an executor of a will, confident that you can handle the responsibilities of distributing the assets without legal assistance, first address the following questions to be sure you are taking the right steps.
What is the size of the estate?
The laws concerning the size of the estate definitely differ from state to state, so be sure you are familiar with the laws where you live or consult with a St. Peters, MO probate lawyer if you have questions. If you find the estate fits the qualifications for a small estate in your state, the one inheriting the property can write a simple document that states the property in question belongs to them in accordance with a state law or a will. This signed document is called an affidavit. This document is then given to the entity that holds the property, which will, in turn, give the money or property to the inheritor.
What assets can be distributed without the use of probate in Missouri?
Any property that is owned as a joint tenancy with right of survivorship will automatically go to the spouse or other person named on the title. Retirement accounts will already have a beneficiary listed on the account. The same is true for life insurance accounts and most bank accounts.
If the estate was held in a living trust will not be required to go through probate.
When would it be necessary to use a probate attorney?
There are situations where enlisting the help of a probate lawyer in St. Peters, MO may be necessary to properly manage the affairs of the estate. These include:
- Is the will being contested by family members unhappy with how the estate will be divided?
- Are the probate procedures in your state difficult to maneuver?
- Does the estate include a business or additional real estate holdings?
- Does the estate include sufficient funds to pay out all the debts?
- Is the estate large enough to be responsible for federal or state taxes?
If you are unsure about the answers to any or all of the about questions, contact the experienced estate planning attorneys at Legacy Law Center. An experienced probate lawyer that St. Peters, MO relies on can review your estate and counsel you through the probate process to ensure that the estate is being distributed per the deceased’s intentions.