(316) 330-4110Wichita Probate Attorney
Is Your Family Prepared for Probate?
Navigating the world of estate planning and probate can be challenging. It’s full of legal procedures, paperwork, and decisions that have long-term implications. At the Law Office of Andrew Rowe, P.A., we believe in simplifying this process for our clients in Kansas, making it both transparent and effective.
Estate planning is a process that involves many different types of legal documents, each with the purpose of making decisions on your behalf when you are no longer able to do so. The end result helps you rest easy knowing your family members are taken care of. The end result also ensures a smooth transition of assets and property through probate.
We will take a deeper dive into probate, things to prepare for, and how you can plan your estate in a way that guarantees a speedy, efficient probate process.
What is Probate?
Probate is the legal process that occurs after someone dies, ensuring their assets are distributed as per their will or, if there’s no will, according to Kansas state succession laws. It also includes settling any outstanding debts or taxes. While many think probate is simply a process for the wealthy, it’s truly for everyone – regardless of the size of the estate. And it’s not just about money or property. It’s about ensuring your wishes, or the wishes of your loved ones, are honored and that everything is settled legally and appropriately.
Probate can be a fairly off-handed process that doesn’t require much from your family. It can be complicated by a lack of a will, will contests, and probate litigation.
What Are Executors and Administrators, and What Role Do They Play in Probate?
Choosing the right executor or administrator for an estate is crucial. They play a pivotal role in ensuring assets are distributed correctly and that all debts and taxes are settled. Understanding their role and responsibilities is key. We can guide you through this decision, ensuring your choice aligns with your estate’s needs.
When you create a will, you will need to name an executor. Executors are the individuals responsible for the administration of your will. The executor of your estate will ensure that any debts or taxes owed by the estate are satisfied. Then, they will ensure the speedy distribution of assets and property to your beneficiaries.
If you die intestate, or your executor is no longer able to administer your estate, then the probate court will assign an administrator. Their responsibilities mirror that of an executor; they will collect the decedent’s assets, pay debts owed by the estate, and distribute the remaining assets to the decedent’s heirs according to Kansas succession laws.
Executors and administrators are invaluable in distributing assets and property in a deceased person’s estate. We can assist executors with the difficult task of gathering assets, paying debts, and creating an in-depth inventory, ensuring the process is speedy and professional. This is just one of the many legal services we offer to make the transition of assets as easy as possible.
Why Would You Need a Probate Lawyer?
Grieving the loss of a loved one is challenging enough without the added stress of probate. But it’s not just about navigating emotions. There are legal procedures to follow, documents to file, and potential disputes to handle.
There are many roles probate attorneys fill when hired to help their clients. Some services you can count on when hiring a probate attorney may include:
- Assisting the executor with the execution and administration of a will, including the collection of assets to be distributed to the beneficiaries and ensuring all debts on the estate are paid.
- Probate attorneys can help the family members of the decedent access the estate faster.
- Your probate lawyer will be able to help you and your family members prevent claims against the estate by estranged or disinherited family members.
- Helping families avoid conflict after a loved one dies and their estate enters probate is an important role for a probate lawyer. Tensions rise, and disagreements can become toxic when the emotions of losing a loved one cloud judgment. An experienced attorney will give you and your family the tools needed to navigate this process and come out the other side closer than ever.
- Possibly, the most valuable service a probate attorney can offer is the ability to answer your questions and clarify the probate process for you and your family members.
Here’s where we come in. At the Law Office of Andrew Rowe, P.A., we shoulder that burden for you. We guide you through every step, from filing the initial paperwork to distributing assets and closing the estate. We aim to make a difficult process a little easier, ensuring that everything is in compliance with Kansas state laws.
How Can You Avoid Probate Pitfalls in Kansas?
While the probate process is designed to be straightforward, it’s easy to hit snags. Sometimes, there are disputes over the will, challenges about its validity, or disagreements among heirs. These can delay the distribution of assets and create tension among loved ones.
If you have recently lost a loved one and have been doing some research on what happens next, you have likely found some articles about disasters that occur during probate. Here are some pitfalls you can be wary of when it comes to probate:
Ignoring creditor claims or failing to notify creditors of the passing of the decedent can result in legal challenges that will delay the probate process. It is important to promptly notify creditors, and their claims should be addressed within the required time frame.
Executors are required to inventory the decedent’s assets, including real estate, bank accounts, investment accounts, and personal property. If assets are overlooked it can cause disputes among the beneficiaries, which will lead to a lengthened probate process.
If the decedent’s estate is mismanaged after they pass away, it can lead to many issues during probate. It is imperative that a trusted person be named as the executor of an estate, as they will be in charge of managing these assets. Keeping inaccurate records, neglecting assets, or missing important assets when creating an inventory will all lead to a painful probate process.
Being proactive and working with a knowledgeable probate lawyer can help avoid these pitfalls. We’re here to offer advice, mediate disputes, and provide a clear path forward, ensuring that the probate process in Kansas goes as smoothly as possible.
What Are the Benefits of Probate?
Though many view probate as just another bureaucratic hurdle, it has its benefits. It ensures that all of a deceased person’s debts are paid, that their assets are distributed correctly, and that there’s a legal record of these transactions. This can provide peace of mind to heirs and beneficiaries, knowing that everything has been settled fairly and legally. Our team at the Law Office of Andrew Rowe, P.A., takes pride in assisting families through this essential process, providing clarity, support, and legal expertise every step of the way.
While probate provides a structured way to handle a decedent’s assets and liabilities, many aim to avoid it. This is due to the time, expense, and public nature of the probate process. With proper estate planning, like creating various trusts, you can ensure a more private and efficient transfer of assets to your beneficiaries. Trusts help with the easy transfer of your estate because they are managed separately from your estate. You, the grantor, create a trust and transfer personal property and other assets into the name of the trust. A trustee, someone you have faith in, manages the trust and will distribute the assets as you designated. Beneficiaries are the people you name to benefit from the assets and personal property within the trust. A solid trust can help avoid the probate process and give your loved ones access to your estate faster.
Is Probate Expensive?
Probate isn’t just about paperwork; there can be significant costs involved. From court fees to executor charges, the expenses can quickly add up. If someone, a family member or otherwise, contests you will, this can become even more expensive for your family. Clear estate planning goals are important. A clear will that outlines your wishes is integral to your estate plan, ensuring your family has minimal legal concerns while they are mourning their loss.
It’s essential to be aware of these potential costs and how they might impact the estate. At the Law Office of Andrew Rowe, P.A., we believe in transparency. We guide our clients through potential costs, ensuring no surprise bills or fees.
What Does it Mean to Die Intestate?
What happens when someone dies intestate (without a will) in Kansas? The probate process can be more complex, with state laws determining asset distribution. This means that your estate may be distributed according to state succession laws instead of how you intend. If you have a child you disinherited but don’t have a will saying so; they will likely receive an equal portion of your estate as your other children and immediate family. Likewise, if you have recently separated from your spouse but have yet to remove them from your updated will, or you don’t have a will, probate will likely give them a portion of your estate, even if it is well known that you did not want them to receive anything.
Dying intestate or dying with an out-of-date will opens up the possibilities of will contests and probate litigation. Trust us; this will be the last thing your family will want to deal with while mourning their loss.
We help families navigate this challenging scenario, ensuring fair and legal resolution. Death and the legalities that come after are never easy to deal with. However, the right guidance can make all the difference. Probate doesn’t have to be a daunting process. With the right services and expertise, it can be a smooth journey towards closure and peace of mind.
How Can an Experienced Probate Attorney Help You?
Securing the future and honoring the past is our mission. If you need help navigating the probate process, understanding the intricacies, or just seeking some clarity, we’re here for you. Call us at The Law Office of Andrew Rowe, P.A., today at 316-330-4110 or contact us online to schedule a consultation with a dedicated Estate Planning Lawyer serving clients in Kansas.