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Many families do not have a sound legal plan in place to control what happens to their estates after they pass away. Even those who do have an estate plan in place are not guaranteed to avoid disputes. In both situations, these estates will go through the probate process.
At Hollander legal, we offer cost-effective probate services that protect your family’s assets and ensure they are distributed per the wishes of the deceased family member. We understand the probate process thoroughly as our services include both constructing your estate plan to reduce the likelihood of probate and seeing wills through the probate process.
A beneficiary deed, also known as a transfer-on-death deed or TOD deed, is a legal document that allows property owners to designate a beneficiary who will inherit the property upon the owner’s death, without the need for probate. By executing a beneficiary deed, the property owner retains full control and ownership of the property during their lifetime. However, upon their death, the property automatically transfers to the designated beneficiary, bypassing the probate process. This can be an effective method to avoid probate and simplify the transfer of real estate assets to the intended recipient. It is important to note that the specific laws and requirements for beneficiary deeds may vary by jurisdiction, so it’s advisable to consult with an attorney familiar with local laws to ensure compliance and proper execution.
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Probate is the legal process of administering a deceased person’s estate. It is necessary to ensure that their assets are distributed according to their wishes and that any outstanding debts are paid.
The probate process typically involves:
- Filing a petition with the court.
- Gathering and valuing the deceased person’s assets.
- Paying any outstanding debts.
- Distributing the remaining assets to the beneficiaries.
The length of the probate process for probate court administration can vary depending on the complexity of the St Charles estate and the local court’s workload. However, it typically takes several months to a year or more.
While it is possible to navigate the probate process without an attorney in Missouri, it is highly recommended that you work with an experienced probate attorney. An attorney can help ensure that the process runs smoothly and that your loved one’s wishes are fulfilled.
If the value of the estate is $40,000 or less, you can follow Missouri’s simplified small estate process.
- Within six months of the local newspaper’s public announcement of death.
Within one year of the death of your loved one.