St. Charles, Missouri, Probate Administration Attorney
Trust and probate administration requires the assistance of a knowledgeable and experienced attorney. Whether you are the executor of an estate, a trustee or successor trustee, or a beneficiary seeking to protect your rights, it is important to work with an attorney you can trust to protect your rights and interests. At James R. Stein, L.C., I provide my clients with sound counsel and strategic guidance in trust and probate administration.
If you are a trustee or personal representative for an estate, I can provide the support you need to protect your rights, future interests, and prevent liability .Contact James R. Stein, L.C. to speak with a trusted lawyer serving St. Charles, St. Louis and the greater Westplex area.
As an experienced trust and probate administration attorney, I have an extensive background in:
- Wills
- Trusts
- Beneficiary Deeds and Transfer-on-Death (i.e., non-probate) designations
- Guardianship
- Conservatorship
- Powers of attorney
- Probate court
- Estate planning
The Probate Process: What is Probate?
The word "probate" originally referred to something being proved. In this context, a Will is said to be probated, or admitted to probate, when it is accepted as valid by the probate court after the death of its maker, or testator.
More broadly, probate is a process in which someone is appointed to represent and administer the estate of:
* a person who has died, or
* a minor who is in need of a guardian and/or who has assets that must be held by an adult (a "conservator"), or
* an incapacitated person.
In the case of a deceased person, only those assets which are owned in the decedent's name alone normally require probate. Assets that have a surviving joint owner or a named and living beneficiary typically avoid probate.
What is Probate Court?
The probate division of the circuit court handles decedents' estates, as well as those of minors and incapacitated persons. The court is there to protect both the creditors of the decedent and the beneficiaries of his estate.
How Long Does Probate Take?
Most probate estates are finished within a year unless there are complications. An estate must remain open for at least six months to give creditors time to come forward with their claims.
Does Making a Will Avoid Probate?
No. This is a very common misconception. A will is designed to go through the probate process; it is not a probate alternative. If you are looking to avoid probate, then a will is not the proper solution. Fortunately, there are non-probate alternatives that may be appropriate to your situation. I would be happy to discuss them with you.
Helping you Administer the Estate
It is important to protect yourself from potential liability if you are a personal representative of an estate or a trustee. Your job is to see that all of the final expenses and creditors are satisfied, make sure all of the final taxes are paid, and see to it that the remaining assets are properly distributed. My role includes offering guidance and advice during the process, representing you to the probate court, communicating with beneficiaries and third parties, seeing to the preparation and filing of tax returns, arranging for necessary notices, and preparing and filing all other necessary court and other documents.
For more information, E-mail me today or call my office to schedule an appointment or ask a question.
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