Frequently Asked Questions

A Will is an instruction manual. It tells the probate court what to do. Specifically, it tells the probate court the following:

1. Whom you want to be in charge i.e. it names a Personal Representative AKA Executor
2. Who gets your money and property and how much they get
3. How you want your beneficiaries to get the money, in trust, in cash, in specific things, etc…
4. Whether or not the Personal Representative/Executor must get an insurance policy to cover the property while in Probate
5. Which state’s law you want the probate court to use
6. Whom you want to take care of your children
7. Whom you want managing money for your children when they’re minors
8. It names people that you don’t want to get anything- disinheritance

Wills can do more than this, but these are the main things.

If you want to learn more about Wills you can download this helpful resource: https://www.completelawkc.com/resource/everybody-needs-a-will/

No. A Will only has power when it is given such by a Probate Court.

If you want to learn more about Wills you can download this helpful resource: https://www.completelawkc.com/resource/everybody-needs-a-will/

Estate Planning can range from $1,500 to tens of thousands of dollars. We can’t answer the question exactly without knowing more about you, and your assets. In your first consultation with one of our attorneys, they will quote you a price when you identify what you need and want. We do a large majority of our cases on a flat fee, that way you know exactly what you will be paying before you decide to become one of our clients.

We start by listening to you and hearing your concerns and desires. If you bring information with you, we will look at it. To identify issues, you may not have considered, we may ask questions. Once we have a good grasp on what you’re hoping to accomplish, we will teach you about the area of law you are endeavoring, i.e. estate planning, probate, elder law, or estate litigation.

In Estate Planning and Medicaid cases, we will most often quote you a flat fee. Probate is typically billed hourly, so we keep track of our time in 6 minute increments. Some probate cases is calculated based on a percentage of the estate assets, but this is only in certain circumstances in Missouri.

You will then be given next steps whether the next step includes us or not. If you and the attorney agree to proceed with your case you will be asked to sign an engagement agreement.

If you want more information about a first appointment, you can download this resource: https://www.completelawkc.com/resource/your-first-appointment/

According to the National Elder Law Foundation

“Elder Law” is the legal practice of counseling and representing older persons and persons with special needs, and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision making, legal capacity, the conservation, disposition and administration of estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.”

Probate can come into play in two separate circumstances, death and incapacity.

In death, any property titled only in a deceased person’s name must go through the probate process. Along with many other things, probate provides creditors the opportunity to recover money owed by the deceased person, gathers and prepares the deceased person’s assets for distribution to their heirs. To learn more, you can download this resource: https://www.completelawkc.com/resource/my-loved-one-died-now-what/

In Incapacity probate assigns someone to make decisions for an incapacitated person regarding their person and their assets.