PROBATE AND TRUST ADMINISTRATION
St. Charles Trust Administration Attorney
Taking Care of Estate Affairs
If a loved one has died, the last thing you need is any difficulty or confusion in the process of administering that person’s affairs.
At JoAnn C. Donovan Attorney at Law, we will take the time to carefully guide you through the process of probate and/or trust administration. Contact us to schedule a free initial consultation to find out what needs to be done and how we can help you.
Negotiating the Probate Process
If you have been named as personal representative in the will of someone who has died, there are several steps you may be required to take in order to successfully complete probate.
We can guide you through these steps, potentially including administrative duties, accounting duties, and the serving of notice to beneficiaries. We will represent you in any probate court proceedings. Your specific duties may depend on the size of the estate and the details of the will.
We can also help spouses and creditors with the transfer of property from smaller estates in accordance with Missouri law, usually a simpler process than full probate.
Probate can be a confusing process involving many unfamiliar legal terms and procedures. Contact us to get the help you need from an experienced St. Louis County and St. Charles County lawyer.
Meeting Trustee Obligations
Although assets held in a trust do not go through the probate process, the trustee may be accountable to the beneficiaries for fulfilling the legal and fiduciary duties of the trustee.
We can help the trustee of a trust established by someone who has died go through all the necessary legal steps to fulfill his or her obligations.
St. Charles Probate Litigation Attorney
Assisting You in Probate Disputes
The already complex probate process can become even more complex when it is necessary to enter into probate litigation. If you have an interest in the outcome of a probate case, an experienced attorney can help you sort out the issues and protect your rights.
Contact us to schedule a free initial consultation at which we will discuss any pending probate litigation and your role in it.
Various Reasons for Litigating Over the Estate
There are several circumstances in which interested parties may want to litigate over probate issues. Some common situations include:
- Interested parties may differ over interpretation of language in the will and wish to assert those interpretations in court.
- Someone may wish to contest the will, arguing that it was the product of someone exerting undue influence or that the deceased person did not have the capacity to make a will at the time it was made.
- Someone may want to remove the personal representative, arguing that that person is not fulfilling his or her duties under probate law and/or under the will.
- Heirs, beneficiaries and/or creditors may want to recover assets into the estate that were held jointly with children or others, in the hope of having those assets more fairly distributed.
Probate litigation can be time-consuming and stressful, but at JoAnn C. Donovan Attorney at Law, we do everything we can to make the process go smoothly so everyone can assert their legal rights.
Contact us to get personal attention from an experienced St. Louis County and St. Charles County probate lawyer if you are involved or may become involved in any aspect of probate litigation.
Similar Issues in Trust Litigation
Some of the same issues that come up in probate litigation can also come up in actions against a trust or against the trustee.
A trustee must exercise his or her discretion within the boundaries of legally binding responsibilities and can be sued for abuse of discretion and/or breach of fiduciary duty. It may also be possible for creditors and others to allege that property was improperly placed into a trust.
We have experience with these issues and can represent any interested party in trust litigation.