Fritz Law LLC

Thank you for your appreciation and support! #lawfirm #probate

Probate is a game of chess, not checkers. Even before the game starts, you have to make a number of very strategic decisions. Do I open a Full Estate and allow potential creditors to file claims against the estate that could deplete the assets? Do I wait until after the 1-year anniversary of death to file any probate documents (to try and avoid potential claims)? Will my client receive more assets if I file a Spousal Refusal of Letters instead of a Small Estate Affidavit? Is there a potential Medicaid claim against the estate? And if so, do I forego opening a Full Estate and instead file a Determination of Heirship? There are a number of very important factors to take into consideration when deciding which probate document(s) to file and the timing of the filing. When hiring a probate lawyer, don't hire someone who knows how to play checkers. Hire a chess player and maximize the value of your loved one's estate. #lawfirm #probate

The Top 5 Mistakes that Lawyers Make During Probate: 1. Not making strategic decisions when it comes to the type of probate and the timing of the initial filing. There are a number of very important factors to take into consideration when considering a client's probate options. Small Estate Affidavits are great to handle assets under $40,000, but not when you are within one year from the date-of-death and there are outstanding debts. Spousal Refusal of Letters are great for surviving spouses, but not when the assets exceed the amount allowed by that particular county (St. Louis County is $24,000; St. Charles is $40,000; St. Louis City is only $15,000). The list goes on and on. 2. Not setting claims for hearing (and making creditors prove up claims). To get paid from an estate, unsecured creditors (credit cards, medical bills) have to file claims against an open probate estate within 6 months of the first date of publication or within 1 year from the date-of-death, whichever comes first. The majority of creditors don't file claims within the necessary time periods, and those debts become barred. If a creditor does timely file a claim, you should always notice the claim for hearing and make the creditor hire an attorney to show up (and prove up) the claims. 9 times out of 10 the creditor doesn't show up to the hearing and the claim is dismissed. 3. Not asking MoHealthNet (Missouri's Medicaid) if they have a potential recovery against the estate before opening a full estate. Once you open a full probate estate in Missouri, you are required to: (1) file a waiver from MoHealthNet saying they don't have a claim against the estate; or (2) satisfy any outstanding amount owed to MoHealthNet from previous expenses paid on behalf of the decedent. If you ask about a potential claim before opening an estate, and money is owed to MoHealthNet, you should consider other probate options that do not involve opening a full estate. 4. Not asking potential clients about their current credit score before signing them up. Most counties in Missouri will allow for the waiver of bond for Small Estate Affidavits and Full Estates, so long as the will says no bond or all of the heirs consent. However, some counties do require the applicant for Personal Representative to secure a bond (regardless of consents), which is largely based on an applicant's credit score. If you sign up a client with low credit score and the client is not bondable, the court will not allow them to be appointed to handle the probate. 5. Not filing all the necessary documents when initiating a probate. Each county has very specific requirements when it comes to case filings. St. Louis City and St. Charles County now require renunciations/consents from other heirs for Small Estate Affidavits. St. Louis County will not waive bond for full estates. If you don't file the correct documents at the beginning, the overall process will take much longer. #lawfirm #probate

This is a common misconception. A will is actually a roadmap for the probate court to direct where your probate assets will go after the probate process is completed. The best ways to avoid probate are: (1) make sure that all of your assets have a transfer-on-death or beneficiary designation (beneficiary deed for real estate); or (2) have all assets owned by a revocable living trust. However, if probate is required, we are here to help. #lawfirm #probate

"A will must be presented to the proper probate court within one year of the Decedent's death." This is the general rule in Missouri set forth in RSMo. 473.050. There are a few very specific exceptions to this rule, but these exceptions don't apply to most people. If your family member recently passed away and had a Last Will and Testament, you will need to file a Petition to Admit the Will and hand-deliver the original Will to the proper probate court within the applicable time period. Failure to do so will result in the Will being rejected (invalidated). If you have a Will, your family members will need a probate lawyer. We are here to help. #lawfirm #probate

Your feedback helps us grow. Thank you for sharing your thoughts with us. #lawfirm #probate

Most people think of probate (the process of collecting, managing, and distributing a deceased person’s money and property) as a private process. However, because wills are filed at the courthouse, probated estates become a matter of public record. That means your nosy neighbor Nellie can simply go down to the courthouse or hop online and find out about your probate. Really. #lawfirm #probate

For families handling a decedent’s estate in Missouri, the Affidavit of Heirship is a valuable, simplified process that enables heirs to transfer property quickly without the need for probate. This option is particularly beneficial in St. Louis and across Missouri when the decedent’s estate consists solely of real estate and has remained unadministered for over a year. Read on to understand the Affidavit of Heirship, its qualifications, and how it could streamline your estate needs. #lawfirm #probate

Your kind words brighten our day and fuel our passion. Thank you for your appreciation and support!

For individuals navigating the probate process in Missouri, understanding the Determination of Heirship can be essential, especially when the decedent has left behind an estate valued over $40,000 with no will or prior estate administration and more than one year has passed since decedent’ death. This guide explores the Determination of Heirship, its requirements, and why it may be necessary to engage a probate attorney to navigate this legal process smoothly and efficiently. #lawfirm #probate