Best Probate Lawyers in Kansas City

FAQs

• What is the non-emergency contact number for the local police station in Kansas City, Missouri?

  If you have non-emergency issues, you can call (816) 234-5111 to get in touch with the Kansas City Police Department.

• Where can I get a copy of police reports for incidents related to my case in Kansas City, Missouri?

  To obtain a police report, you can visit the Kansas City Police Department in person at 1125 Locust St., Kansas City, MO 64106, or send a request form by mail to the same address. Payment by check should be made to the "Board of Police Commissioners."

• Under what circumstances is it possible to avoid the probate process in Kansas City?

  In Kansas City, the probate process can be simplified or avoided through the following:

  • If you create a living trust, you can specify how the assets should be managed and distributed. You can designate someone you trust as a trustee, overseeing all aspects of the trust's management.
  • If you jointly own property with someone else and have the "right of survivorship," property possession automatically transfers to the surviving owner when one of you dies. In such cases, probate is unnecessary as long as the joint owner is still alive.
  • If your loved one had a "small estate," valued at $40,000 or less, it may qualify for simplified probate procedures in Kansas City.

• What are the typical regulations and procedures involved in administering a trust in Kansas City?

  Trustees in Kansas City are bound by several fundamental rules and processes, including:

  • Trustees have a fiduciary duty to manage trusts prudently and in the best interests of beneficiaries. They must also maintain objectivity while dealing with various beneficiaries.
  • Trustees must inform beneficiaries of important information, such as the existence of the trust and their rights to access information.
  • Trustees must effectively oversee and assess all trust assets, providing beneficiaries with regular accounting updates and a comprehensive asset report upon termination of the trust.
  • Trustees must maintain thorough documentation of income, expenses, and disbursements.
  • Trustees are required to oversee and document the timing and methods of asset transfers, following the instructions, conditions, and guidelines specified in the trust.

• Is it advisable to hire a probate lawyer in Kansas City?

  If your loved one dies without an estate plan, it may be necessary to seek the services of a probate lawyer in Kansas City. In certain situations, the court may mandate to hire an attorney before initiating probate proceedings. A probate lawyer can offer invaluable legal guidance and support throughout the complex probate process, which involves stringent deadlines that must be adhered to.

• What are the particular tasks associated with probate administration in Kansas City?

  During probate administration in Kansas City, several specific tasks may be involved, such as:

  • Confirming the validity of the will
  • Designating a personal representative
  • Identifying beneficiaries
  • Compiling a comprehensive list of assets
  • Supervising the distribution of assets
  • Settling debts
  • Managing creditors' claims

  There may be additional tasks to be addressed during the probate process. Having legal assistance, particularly in the event of disputes among interested parties, can be advantageous.

• What are the prevailing factors that lead to probate litigation in Kansas City?

  Probate litigation in Kansas City can arise from various reasons, including:

  • Will contests: Disputes over the validity of a will.
  • Estate disputes: Disagreements may arise when someone seeks to be the estate's administrator or personal representative, with opposition from other family members who believe it is not in the estate's best interest.
  • Trust disputes: Challenges to the trust's validity, interpretation of its provisions, or allegations of mismanagement or breach of fiduciary duty by the trustee can lead to trust-related disputes.
  • Real property disputes: Conflicts regarding the deceased's real property, including disputes over ownership, valuation, or distribution of real estate interests.
  • Interference with inheritance: When someone alleges that another individual unlawfully disrupted their anticipated inheritance by engaging in activities like undue influence, fraud, or coercion.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.