Sometimes clients do not know when they need a lawyer if they are dealing with the administration of an estate. Probate administration is expensive, and it is time consuming, so it is in your best interests to retain an experienced estate planning lawyer. Sometimes you may discover that it is possible to avoid probate administration altogether.
Individuals who want to probate an estate in Missouri must retain an attorney. Under Missouri law, a lawyer must represent the personal representative in both supervised and independent administrations in the State of Missouri. Retaining an attorney can also help you enforce your legal rights. When you retain legal counsel, you are also obtaining an advisor who can help you with every aspect of probate administration.
Probate Administration Is Costly
Many individuals draft trusts and other legal instruments to avoid probate administration. The laws regarding probate administration are peculiar to every jurisdiction in the United States. Federal courts will not probate estates, and state legislatures are responsible for drafting statutes relevant to probate administration.
Not only does probating an estate take time, it is also expensive. If you want to avoid losing time and money during probate administration, then you should contact an estate planning attorney in Missouri. One of the best things about retaining legal counsel is having someone you can reach out to with questions about your case and the legal system in general.
Probate Attorneys and Executors of Estates
Probate attorneys participate in a diverse range of activities when they represent clients in cases involving probate administration. The following are some of the tasks attorneys will perform:
- Implementing an organized plan for the distribution of the decedent’s assets
- Selling assets such as real property and personal property
- Settling tax disputes and other issues involving personal representatives
- Staying up to date on estate tax laws, inheritance tax laws, and federal laws
- Management of the decedent’s debts
- Preparing documents for the court
- Understanding values for estate assets
A probate attorney will be able to perform these tasks and more so you can learn more about the details of probate administration in Missouri. Having a lawyer on your side will also enable you to benefit from the attorney-client privilege and attorney-client confidentiality.
Dealing With the Probate Court Without Legal Representation
It can be difficult to interact with the probate court without having an attorney on your side. Some estates may have an excessive amount of debt, and the assets may not satisfy the total debt. A guardian may need to be appointed to represent the interests of a minor, and to have this done you will need an attorney.
Financial disputes or will contests may arise that cause another party to file legal claims against the estate. These circumstances would necessitate seeking out the services of a probate attorney. Taxation issues may also be relevant to a probate administration. If you have complicated tax problems with an estate then you will need to consult a tax attorney.