Missouri Probate Law Firm
Our Missouri probate law firm shares that when a person creates their end-of-life documents, they may have a will, a trust, or even both in place. While it cannot hurt to have both, you may find that if you are named in a person’s trust or will that litigation may arise if there is something in the will or trust to be contested. Legacy Law Center is a Missouri probate law firm that knows the intricacies of a trust can already be confusing. However, if you or someone else is questioning this trust document due to discrepancies or questions about the trustor, you need the help of a reliable probate law firm in Missouri. Perhaps you have been named in a person’s will before and had to go through the probate litigation process and are wondering what the differences are. The lawyers of the Legacy Law Center are here to help answer your questions and represent you if you believe you have a case for questioning a trust.
Are probate and trust litigation different?
They are. Probate (or estate) litigation only refers to litigation that occurs from a person’s will. Trust litigation refers to litigation that occurs from a person’s trust.
Understanding Probate and Litigation
A probate attorney O’Fallon, MO wants you to know that there is a substantial distinction between probate and trust litigation because most people create trusts so that they can avoid probate court. When a person creates a will, their will must eventually go through probate court. This means that the court will examine the will, authenticate it, and determine that someone should represent the will during the probate process. Further, while the will goes through this process, the representative of the will must begin gathering the assets named in the will and ensure that all bills and taxes are paid with the money in the will. Once this has been completed, the beneficiaries can receive their “gifts.”
If someone questions a will during the probate process (the process of distributing assets, whether the testator was in his or her right mind), they would likely need a Missouri probate law firm to represent their interests.
Understanding Trusts and Litigation
Unlike wills, trusts are not required to go through probate court. Because the trustor has named a person as the “trustee” of the will, the assets go directly to that person to manage before they are distributed. Thus, if you have a complaint about the trust process, believe the trustee does not have the trust’s best interest at heart or find that there was an issue when the trustor created the trust, you would hire a lawyer from our Missouri probate law firm.
If you have further questions about the difference between trust and probate litigation or would like to hire a lawyer from a reputable Missouri probate law firm, contact the Legacy Law Center now.