Ultimately, estate planning is more than just drafting trusts or will documents or handling estates. An estate planning attorney can give advice on how to successfully distribute assets to beneficiaries. Whether a living will or a document that goes into effect after you pass, a probate lawyer can help you organize your assets. They fully understand tax and probate laws and can protect your rights along the way.

What is probate law?

The legal process of transferring property upon someone’s death is known as probate. This court-supervised process is designed to sort out this transfer. Probate of a will shows the court that the person who died followed all legal requirements in drafting their will. The process of probating an estate includes:

  • Collecting all property
  • Paying all debts or taxes owed by the estate
  • Collecting all rights to income or dividends, etc.
  • Settling any disputes (if applicable)
  • Distributing/Transferring the remaining property to heirs/beneficiaries

Typically, the person who has passed named an executor to take over the management of their affairs after their death.

What is a will?

A will is a formal document that showcases your wishes regarding how you would like your property or wealth to be distributed after your death. Every adult should have a will as it formalizes your intentions and can help prevent unnecessary and costly litigation from occurring after your death.

What is a trust?

A trust is a legal arrangement where a person or institution (a trustee) holds legal title to property for a beneficiary. A trust passes property outside of probate court without needing the court in any way. An estate planning attorney can also help with removal of a trustee. This can be done for a variety of reasons including: failure to abide by trust terms, failure to meet certain obligations, conflicts of interests or other cause.

Call to Speak to an Estate Planning Attorney Today

Whether you want to create a will or trust, a power of attorney, a health care directive or have another question regarding probate law, an estate planning attorney in Kansas can help. A power of attorney is a legal document that allows you to appoint someone to manage your affairs if you can no longer do so. While a healthcare directive and a living will are legal documents where a person specifies what actions should be taken for their health if they can no longer make decisions for themselves because of illness.

No matter what the document is, an estate planning lawyer’s goal is to help their clients to organize the future distribution of assets. Call today to speak to a professional estate planning attorney in Kansas.