A loved one has died – now what?
The answer to that question can take you in several different legal directions. At the Van Matre Law Firm, our experienced estate and trust attorneys can help you determine what needs to be done and move forward with your next steps.
Often after an individual’s death, you are confronted with words and ideas which are unfamiliar, such as:
Decedent – a person who has died.
Beneficiary – a person who is designated to inherit from a decedent.
Trust – a legal entity, which can be created during life or at death, usually used to transfer ownership of assets, which typically avoid the involvement of the probate court.
Will – a document created by a person with the purpose of transferring assets at death, which requires the involvement of the probate court.
Non-Probate Transfer – A direct transfer of ownership of an asset or account upon the owner’s death that avoids the need for probate – may include a Payable on Death (POD) designation, Transfer on Death (TOD) designation or other beneficiary designations.
Creditor – a person or entity to whom a debt was owed by a decedent.
When someone dies, there may be different proceedings or processes need to ensure the proper transfer of the decedent’s assets.
If a deceased person’s estate must be resolved in the Probate Court, we can help you understand and navigate that process.
If he or she created a trust during her lifetime and you need help interpreting and implementing that trust, we can help you with that process – whether you are the named trustee or a beneficiary.
If a deceased person owned assets jointly with others or created beneficiary designations, we can help you take appropriate action to clear any titling problems.
In addition, we can assist with the tax-related requirements that result from a person’s death.
Fiduciary Litigation – Will & Trust Contests
Unfortunately, there can be unavoidable disputes following a person’s death.
Our fiduciary litigation attorneys have decades of experience in handling complex, contentious and often emotionally charged disputes following a decedent’s death or regarding the administration of a decedent’s assets.
We represent individuals, trustees, personal administrators, guardians, conservators and
beneficiaries related to disagreements involving estates, trusts, conservatorships, guardianships
and other related estate matters.
Our fiduciary litigation attorney can help you with any or all of the following:
Wills Contests
Trust Contest
Claims of undue influence, lack of capacity, duress and fraud in the creation of estate planning documents
Violation of the Missouri Uniform Trust Code and Missouri Probate Code
Claims for breach of fiduciary obligation
Action to remove or defend trustees or personal representatives