During people's lives in Missouri they do many different things, work many different jobs, earn different amounts of money and incur different amounts debt. All of things are very relevant to the person while they are living, but they cannot take any of these things with them after they pass away. So, all of their property and debts must be dealt with by those who survive them. This is accomplished through the probate process when all assets are distributed and debts are paid.
When people pass away in Missouri, they cannot take anything with them. Their property and assets will remain here and will need to be distributed. Therefore, there are laws in place that dictate where the property will go. The laws state that the property will go to various family members depending on their relationship to the deceased. However, people do not always have a good relationship with their family members or they believe certain family members need the property more than another.
When people pass away in Missouri, there is always a period of mourning that the family and friends of the deceased go through. However, there is also another aspect that the family will have to deal with after the death as well and that is distributing the assets owned by the deceased at the time of their death. Obviously people cannot take those belongings with them and the possessions cannot just stay in limbo. So, these assets need to be distributed to those who survive them.
One of the main reasons that it can benefit Missouri residents to work with knowledgeable estate planning attorneys to create their wills and other testamentary documents is that such experts can help their clients create estate plans that stand up to challenges. An estate that is challenged during probate can be stuck in the process for years, creating more problems and costing more money to work through and ultimately resolve. Not everyone has the power to challenge every estate, and this post will explore what parties may have standing to challenge probated estates.
Making plans for one's death is not always high on the list for a St. Louis resident to do. In fact, it can be downright depressing to think about how one's assets and possessions should be divided up when the owner is no longer alive and using them. When a person dies their estate will be distributed and managed according to the plan they put in place and in some cases that process can involve the use of the probate system.
Most people have probably heard of probate in the context of it being something they should avoid at all costs. However, not everyone is able to keep their end-of-life estate out of this legal process. Missouri residents who want to avoid probate should talk to their estate planning attorneys about how to accomplish their estate planning goals. This post though, will offer a brief explanation of what probate really is.