Do I Need a Lawyer?

Many people only think of calling a lawyer when they have a crisis or an extreme situation involving actual litigation. Waiting for a crisis is intended to be a cost-saving measure; however, frequently a few dollars spent to consult a trained, experienced professional can prevent costly litigation, with a savings of years of time, loads of grief, and thousands of dollars of legal services. By eliminating potential problems, preventative legal work can save you time, money and needless worry.

What is Probate?

Probate is the process by which a decedent’s assets and liabilities are finally resolved so that their assets can be distributed to those who are entitled to them. In this process, a “personal representative” is appointed to act on behalf of the decedent. (In the past personal representatives were sometimes known as “executors”) This personal representative then collects all of the assets of the decedent, attempts to account for all of the liabilities owed by the decedent, pays off those liabilities, and distributes the remaining property either pursuant to Missouri Statutes or pursuant to a will left by the decedent. In Missouri, this process can take a minimum of six months, unless a shortcut proceeding is used or with no open-ended timeframe if there are complexities to the estate, like an on-going business.

What is a guardian (for an adult)?

A guardian is a person who is appointed to make all of the non-financial decisions for somebody who has become incapacitated.

This process is often conducted at the same time as proceedings to declare the person as disabled such that a conservator is appointed. The guardian and conservator can be the same person or they may not be, depending on the specific needs of that case.