Probate Law
In Kansas and Missouri
The death of a loved one can be a distressing and emotionally draining experience. During this time the last thing you want is a dispute over is the assets and estate of the deceased loved one. This is why it is important to seek legal assistance in drafting wills and estate plans to prevent loss or disputes over family property and asset in the event of yours or your loved one’s death.
Probate law is the legal management of distribution of the deceased person’s property and assets that is re-titled or properly divided during a legal proceeding. Sometimes the legal proceedings can take up to a year to fully divide the value of property and assets to qualified parties. Proper estate planning with the help of an experience probate law attorney can make the distribution of assets a smooth transition.
Contact the law office of Eric Gamble of Gamble Law, LLC or the law office of Manu Rattan of Rattan Law, LLC to schedule a consultation. 913-432-0660
Probate Administration
The probate administration process begins with a relative of the deceased submitting a Petition for Issuance Letter of Administration to the District Court. Even though you can begin a probate administration yourself, it’s strongly recommended that you seek an experienced probate lawyer that will guide you through the probate process.
The process involves:
- proving the validity of the deceased’s will,
- transferring property,
- contacting any other beneficiaries
- and settling the affairs of the estate
Your probate lawyer should keep you informed about any discrepancies or issues that may arise involving creditors or other potential heirs of the estate.
In Kansas and Missouri, probate administration can be either supervised or unsupervised by the court. The unsupervised probate simply involves the appointed estate administrator to pay any debts of the deceased, file tax returns, manage and distribute assets. Supervised proceedings are usually required when a potential heir expresses concern about the administration, thus a probate judge is required to approve all details of the estate administration.
It is possible to avoid going through probate proceeding through legal transfers of estate and assets after death, such as:
• Naming Beneficiaries: Transfer on Death (TOD) and Pay on Death (POD )are recognized in both Kansas and Missouri. You should list any beneficiaries on all your accounts and other assets to allow complete transfer of property following death. Remember those listed as beneficiaries will become current owners of your assets upon your death even if your last will of testament says otherwise.
• Joint Tenancy & Tenancy by the Entirety: Adding someone as a joint owner or “joint tenant with rights of survivorship” to your assets will ensure your property will be passed to that person upon death without having to go through probate proceedings. In Missouri, a Tenancy by the Entirety (TBE) is automatically granted to married couples. This allows ownership by both to the whole property without division. If a TBE is combined with “rights of survivorship” all property interests is passed on to the surviving spouse and ownership by the surviving spouse is not jeopardized by the deceased spouse’s liabilities.
• Living Trust: a legal document drafted by your lawyer places your assets in a trust giving you and other named trustees a legal title to all your assets. While alive, you remain the trustee, but upon death your legal successor trustee manages and distributes your assets. A carefully drafted trust can protect your family from creditors and will avoid probate proceedings.
Be sure to seek a lawyer that is experienced in probate law who will protect your assets and the assets of your family prior to or after death. The management and distribution of you and your loved one’s assets should be fair and equitable.
Contact the law office of Eric Gamble of Gamble Law, LLC or the law office of Manu Rattan of Rattan Law, LLC to schedule a consultation. 913-432-0660
Guardianship
In the event that you or a loved one has a child and is not of sound mind or otherwise unable to make legal decisions, it is important to appoint a trusted person to make those decisions for you and the child.
A guardian is either appointed by the court or named in a legal document such as a living will of testament. This person has the authority and responsibility to consent to medical care or treatment, arranging for the child’s education, managing finances and accounts, purchasing necessities such as food, clothing, household items and more.
Selecting a person for guardianship over your assets and children is a very important task and should not be taken lightly. This is why it is extremely important to have a living will of testament and list someone you trust for guardianship. In the event that you do become incapacitated without a naming a legal guardian, the court has the right to chose a guardian on your behalf.
Guardianship of Children in Kansas and Missouri
Children have the right to be in a loving home receiving proper care and attention. Family members and friends of loved ones who can’t properly care for their children due to illness, addiction, neglect or abandonment have the right to protect their grandchildren, siblings, nieces and nephews. Guardianship can be a temporary solution in an effort to help give the parent a chance to get their lives back in order and become responsible parents, or it may be the first step in the adoption process.
Get a lawyer on your side that will protect the rights and privileges of you, the child and the parent. You need strong representation in Missouri and Kansas to ensure fairness and the protection of the innocent.
Contact the law office of Eric Gamble of Gamble Law, LLC to schedule a consultation. 913-432-0660.
Wills
Proper planning and drafting of legal documents regarding your assets is highly recommended to avoid probate proceeding and disputes between families in the event of death.
Last Wills and Testaments in Kansas and Missouri
Your last will and testament is a legal document that comprehensively details the distribution of your estate and assets in the event of death. A will doesn’t help you avoid probate proceeding, but it does minimize discrepancies and disputes during these legal proceedings.
Living Wills in Kansas and Missouri
Your living will allows you to identify your preferences regarding medical treatment should you become unable to make or communicate decisions regarding your health. Your living will should include preferences about artificial life support and resuscitation should you need it. Preparing this living document will help you and your family make the right decisions if faced with these difficult choices in medical treatment.
Power of Attorney in Kansas and Missouri
In the event that you become incapacitated or unable to effectively make life and business decisions regarding your affairs and have granted a power of attorney to someone, they can make those decisions on your behalf. If you or a loved one becomes ill or mentally infirm you want to be sure assets and possessions are managed properly.
Contact the law office of Manu Rattan of Rattan Law, LLC to schedule a consultation for wills in Kansas.
Trusts
A trust is a legal collection of your assets making them a separate entity that allows for easy transfer after death. Many people are taking advantage of a trust to avoid probate proceedings and to be confident that their assets will be properly managed and passed on to the correct beneficiaries.
Your trust will include details of your assets, access to them, and trustees who will assume management of your trust upon your death.
Contact a qualified Kansas and Missouri lawyer that has experience in estate planning and knows the importance of making legal decisions regarding medical treatment and distribution of assets and property.
Contact the law office of Manu Rattan of Rattan Law, LLC to schedule a consultation. 913-432-0660
Estate Planning
Your assets and property should be protected in the event that you become incapacitated or deceased. You can avoid disputes among family members and probate proceeding by successfully and carefully planning the distribution and management of your assets. Estate planning involves the creation of legal documents such as wills, trusts, and/or powers of attorney.
Ensure that your children are financially, emotionally, and physically taken care of in the event of your death. Keep accurate and up-to-date records involving your assets and seek an experienced lawyer that is familiar with Kansas and Missouri laws regarding estate planning.
Contact the law office of Manu Rattan of Rattan Law, LLC to schedule a consultation. 913-432-0660
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