When a loved one passes away, navigating the legal matters surrounding their estate can be overwhelming, especially while dealing with grief. The Law Office of Mark McMullin understands the emotional challenges families face during these times and provides compassionate, comprehensive assistance for probate and estate administration in Bollinger County, MO.
Probate Administration –
Understanding Estate Administration
Estate administration involves winding up a deceased person’s financial affairs and distributing their property to the rightful heirs. This process is crucial for ensuring that the deceased’s assets are appropriately managed and distributed according to their wishes or Missouri law. The Law Office of Mark McMullin offers personalized assistance in navigating this process, helping families handle their loved one’s estate efficiently.
What is Probate in Missouri?
Probate is a legal process that validates a person’s Last Will and Testament. In Missouri, this involves a court hearing where the executor of the estate is appointed. This individual then manages the distribution of the estate to the beneficiaries while also addressing any debts or claims against the estate. Probate serves as a public notification system for creditors and heirs, ensuring transparency in the handling of the deceased’s assets.
A Compassionate Approach –
A Compassionate Approach to Probate and Estate Administration
After the funeral and initial grieving, the next step is often to manage the deceased’s estate. The Law Office of Mark McMullin provides clear guidance through probate, especially when proper planning wasn’t in place. Many people don’t realize that wills are designed for probate. As a “set of instructions to the Probate Court,” wills require legal validation, which is where the probate process comes into play.
Mark McMullin’s office focuses on making probate as smooth and swift as possible. Their empathetic approach helps alleviate the frustration often associated with probate matters. From minor details to significant concerns, the firm tackles all aspects of the case, allowing you to focus on healing.
Wills –
Determining the Existence of a Will
In the early stages of probate, the focus is often on determining whether the deceased had created a will. If a will exists, it must undergo validation. In cases where the will’s validity is in question, consulting Probate Attorney Mark McMullin is crucial. If no will is found and the deceased had not written any other relevant estate planning documents, the estate is considered “intestate,” meaning the person did not create a will.
Probate –
Filing For Probate Court
In most cases, the executor of the will files for probate court if needed. The court then schedules a hearing to decide whether the executor is granted permission to manage the deceased’s estate. This process can be lengthy, often taking six months to a year. Attorney Mark McMullin can guide you through this sometimes complex and prolonged procedure.
Inventorying Assets
After receiving court permission, the executor identifies the deceased’s assets, including belongings, properties, and other valuables. The executor plays a vital role in gathering documents, collecting tax returns, safeguarding assets, and representing the estate in court. The executor may need to access various financial accounts to identify assets like investments, stocks, bonds, life insurance policies, corporate records, deeds, vehicle titles, and brokerage accounts.
Settling Debts and Expenses
After establishing the value of the assets, the executor might need to appraise items such as jewelry, art, or other collectibles. The executor uses the estate’s funds to pay remaining expenses or taxes. In some cases, they may need to sell property or other assets to cover outstanding debts and evaluate creditor claims to ensure they are legitimate.
Distributing Assets to Beneficiaries
The final stage of probate involves distributing inheritances to the beneficiaries. A probate judge must first close the estate before the executor can transfer the awards. If a will exists, the executor follows the instructions outlined in it.
Seeking Professional Help: The Role of an Attorney
Probate Attorney Mark McMullin has experience in probate and the complicated process that can be involved. He can meet with you to provide an overview of the probate process so you can have clear expectations regarding the length, expense, and anticipated outcomes of a probate. Attorney Mark McMullin is also an advocate for alternatives to probate and will see if any alternatives are available for you or your family. Book a call with his office today if a loved one in Bollinger County has recently passed away or you have been appointed as an executor of an estate.