Probate & Estate Administration

Navigate Probate and Estate Administration with Ease

Probate is sometimes a difficult and emotional time. After a loved one passes, process of filing an estate in Probate Court begins.  Probate Court decides guardianship and conservatorship issues as well.  Regardless of the estate plan and assets, or elder law issues, Sheri Tucker at Tucker Legal Services, LLC  will help you through probate with minimal stress. Take a look at your options now by calling Tucker Legal Services, LLC.

Probate: During probate, the court verifies that a decedent’s assets are handled properly and that their obligations are fulfilled. An executor is appointed to administer the estate and distribute assets once probate is completed. Probate in Missouri does not allow a person to represent him or herself and handle matters pro se. It’s important to hire the right attorney.

Wills & Trusts: The probate process is different for each estate. If an individual only has a Will upon death, the entire estate must go through probate. A will must be timely submitted.  The court verifies the validity of the Will. Probate Court imposes a waiting period before assets can be distributed. Failure to follow Probate Court rules leads to probate woes. In most cases, an estate with a revocable or irrevocable trust can bypass probate. Sheri guides you on the right steps to take.

Guardianship: Probate Court oversees adult hearings. In Missouri, an incapacitated person with no powers of attorney in place, may need a temporary or permanent guardian appointed by the Probate Court . Missouri law supports the “least restrictive” decision-making process over a person with mental or severe intellectual disabilities (MO Rev. Stat. 475.361). A guardian does not have full control over an incapacitated person who maintains personal rights, including the right to petition a court for marriage.

Guardianship and Veterans: If a Veteran receives a pension and needs a Guardian, the Veteran’s Administration has a legal standing as an interested party in Guardianship proceedings 475.015 MO Rev. Stat. (2019 Edition).

Conservatorship: In Missouri, a Conservator is appointed to manage the finances and property of an incapacitated adult. A person must meet legal requirements to become a conservator, is often required to post bond, and must complete an annual accounting to the Court. A Conservator is given broad powers outlined in MO. Rev. Stat. 475.094 (2019 Edition).

Estate Administration: Estate Administration occurs when a person is a Trustee over an estate or has powers of attorney and working with another’s estate.  Estate Administrations occurs where an Attorney helps a Personal Representative gather the estate assets, pay debts, and distribute estate assets upon a person’s death.

Elder Abuse: Elder abuse, neglect, and financial exploitation of the elderly is against the law. If elder abuse and neglect or financial exploitation is suspected, one may report it by calling the hotline number with the Missouri Department of Health at (800) 392-0210.