Probate Litigation Archives

Missouri attorneys can help avoid probate litigation

Missouri residents have come to understand the importance of having their estate planning in order to protect not only their interests but also the interests of their children, grandchildren and spouse. State authorities have established various initiatives and awareness programs to emphasize the need to create a will, even for people who do not have a vast estate and properties. Even then, there are various instances in which the will that was drafted is found to be invalid by the court.

Conservatorship rules minor Missouri residents

Under Missouri probate law, a minor child needs an adult, either a parent, or a court-appointed guardian, to assume responsibility for his or her care. Likewise, adults who have been deemed incapacitated due to mental deficiency also need guardians and conservators appointed by the Missouri probate court to manage their legal matters and be responsible for providing care.

How Missouri law defines durable power of attorney

Under Missouri's legal statutes, one specific legal document allows a citizen to grant authority to another person to make decisions on his or her behalf. This power of attorney essentially establishes a principal and agent relationship. The agent who has the power of attorney is assumed to act at the principal's behest, so the principal is assumed to be responsible for any act of the agent under authority of legal power of attorney. When faced with assigning or receiving this complicated authority, many Missourians consult professional legal help to understand what the law requires of them.

Helping resolve probate issues in St. Charles, Missouri

Many people in St. Charles, Missouri, may think estate planning is only for the wealthy, which, to say the least, is not true. In fact, the lack of a comprehensive estate plan often leads to probate disputes, most often among members of the deceased's family. Sadly, even with a sound estate plan, probate issues, which may lead to probate litigation, arise, especially if the estate's value is high.

We can help settle St. Charles, Missouri, probate litigation

Due to the widespread media awareness campaigns, many people in St. Charles, Missouri, have started paying serious attention to estate planning. Wills are being updated and trusts established, so that future generations can avoid probate court, where a number of complications may arise. In spite of such measures, probate disputes are common and huge estates are not passed on to intended heirs, but to government coffers through inheritance taxes.

Can estate planning avert future probate litigation in Missouri?

Missouri residents who own significant wealth and assets, but not enough that they call themselves "ultra-rich," are often reluctant to engage in estate planning. It is often emotionally difficult for people to think about their own death and imagine what could be beyond that event.

Probate litigation laws in Missouri

A person who dies without making a legal will is referred to as "intestate." In such cases, probate litigation is automatically applied because no automatic legal heir was established by the deceased as required by Missouri law. Probate litigation is for people who have died without any legal heir or claimant to their property or estate.

Tom Clancy's $83 million estate in probate dispute

Many people in Missouri may be fans of the immensely popular thriller writer, Tom Clancy. Clancy died in October 2013 at the age of 66 years and is survived by his wife and a daughter, in addition to four other grown children from a previous marriage. According to Clancy's estate plan, his wife is the beneficiary of two-thirds of his estimated $83 million fortune with the remaining amount being shared by his four other children.

How does probate work for wills that are contested in Missouri?

As residents of St. Louis may know, a person can make different kinds of arrangements to ensure that ownership of any property or asset is smoothly conveyed to heirs upon death. While some people set up joint ownership accounts or mechanisms to automatically transfer ownership, the most straightforward route involves writing a will to specify how assets and liabilities may be divided or disposed of, as the case may be.

The effects of sibling rivalry may give rise to probate disputes

As some Missouri residents would agree, the strongest of all familial ties is often between the siblings in the family. But, with matters related to probate, siblings often become rivals and, as a result, a number of probate disputes may arise. Sadly, many such probate disputes often lead to people washing dirty laundry in public and causing irreparable damage to familial ties. Interestingly, a large number of siblings involved in a probate dispute are in their fifties and sixties.