One of the main purposes of the probate estate administration process is to clear all of the decedent’s financial liabilities. This includes paying off any outstanding credit cards, taxes, bills, etc. As a general rule of thumb, these liabilities can only be recovered from the decedent’s estate. They typically do not pass on to any…
Legal Articles
Probate Bonds & Estate Administration
One of the more unfavorable aspects of probate in Missouri is the bond requirement. In short, before an applicant receives Letters of Administration or Letters Testamentary to become personal representative of a decedent’s estate, Missouri law requires that ” [the personal representative] shall execute and file a bond […] procured at the expense of the…
Compromise & Settlement of Probate Disputes
Probate court is the venue by which disputes over the administration of an estate are resolved. When two or more sides cannot resolve the dispute, the probate judge will enter an order and judgment consistent with Missouri probate law after reviewing all evidence. One party will always be disappointed with the decision — and sometimes…
Wills in a Safe Deposit Box
It is often the case that individuals will spends loads of time, money, and effort pouring over the details of their estate documents and then place them (often at the instruction of their attorney) in a safe deposit box at a bank. Cautious individuals will even go so far as to inform their heirs/children that…
Estate Litigation
Trustees manage trust estates and personal representatives (known as administrators/executors in some states) manage probate estates. Trust estates are primarily administered consistent with the terms of an underlying trust, while probate estates are administered consistent with the Missouri Probate Code. While the specifics of administration can vary, one crucial characteristic which is common to both…
Missouri Trust & Will Litigation, Contests, Modifications
When a friend or family member passes away, something will need to be done about his/her property and estate if no legal arrangements were in place. What makes this difficult is that this is often the last thing on your mind. Unfortunately, in administering an estate, will, or trust, sometimes disputes or illegalities will arise…
How long does Probate take in Missouri?
Any property owned by a decedent upon and after his/her death is generally subject to probate. The simplest ways to avoid probate is to create beneficiary designations or contractual assignments to all of your property. Though it is a bit of a “blunt instrument” that can cause undesirable consequences, it has the effect of changing…
Claims By and Against a Probate Estate
A personal representative of an estate, via letters testamentary or letters of administration, has the authority to handle a decedent’s estate. One of the personal representative’s responsibilities is to handle any legal claims against the estate. In certain circumstances, the personal representative can also make claims on behalf of an estate, such as a personal…