Estate Planning Attorney O’Fallon MO
A skilled estate planning attorney can help you understand each step of probate and protect your best interests. An estate planning attorney in O’Fallon MO from Legacy Law Center will strive to ensure that you are comfortable with what can be a complicated and emotional process. Charles J. Moore is an estate planning attorney with extensive experience assisting beneficiaries, trustees, and executors during what might otherwise be a stressful and overwhelming legal process.
What Is Probate?
Your estate planning attorney in O’Fallon MO can explain the specifics of your particular situation in more detail, but for general information purposes, probate is the process of settling a person’s estate when they die. It is done under the jurisdiction of the court and addresses how assets will be distributed, debts will be paid, and creditors of the decedent will be notified. If the decedent had a will when they died, the will becomes part of the probate process.
During the probate period, anyone who contests the will or who asserts a claim against the estate must file their claims or objections. It is up to the court to decide if any objections or claims are valid and how they should be addressed. If you have particular concerns, contact us at Legacy Law Center to learn how an estate planning attorney in O’Fallon MO may be able to assist you.
As an estate planning attorney in O’Fallon MO can attest, probate can be a drawn out, expensive process. Even in the best case scenario where there are no claims or objections filed, it can still take up to one year before beneficiaries receive any of the assets a decedent bequeathed to them in their will. Although probate is a necessary process in many cases, there are options that people can choose when drawing up their estate plans that allows their heirs to avoid probate.
One of the most popular solutions for avoiding probate is to create a revocable living trust. With a living trust, a person can transfer their assets into it and choose a beneficiary who will receive them after they die. The trust creator maintains complete control over the trust and can change or revoke it at any time. One of the many benefits of a living trust is that the assets are transferred to heirs immediately upon the person’s death, thus allowing them to avoid the probate process. Many people who choose living trusts do so for the peace of mind in knowing their loved ones will inherit their precious items immediately.
Contact an Estate Planning Attorney in O’Fallon MO for Assistance
You are never too young to begin putting an estate plan in place. You may think only older adults need to address these issues, but even younger adults – especially those with children – should have legal documents that specifically spell out how they want their estate divided. If you pass away without a will or trust, the state of Maryland will make those decisions for you after you are gone.
Call today to make an appointment with a Legacy Law Center estate planning attorney O’Fallon MO locals call first.