Frequently Asked Questions
Got questions? You’re in the right place. Just click on any title below—like Probate Court, Estate Planning, or Special Needs Planning—to jump straight to the answers for that area of law. Each section breaks things down in plain English, so you can understand your options before taking the next step.
What is Probate
Probate administration in Missouri involves the formal process of validating a deceased person’s will, inventorying assets, paying debts and taxes, and distributing the remaining estate according to the will or state law if no will exists. Missouri courts oversee this process to ensure the decedent’s wishes are honored and creditors are satisfied. The process can be complex, requiring careful documentation and adherence to state-specific timelines and procedures. Experienced probate guidance helps families navigate these legal requirements efficiently, minimizing delays and potential disputes.
What is Estate Planning
Estate planning law in Missouri involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to manage and distribute assets according to an individual’s wishes. Effective estate planning in Missouri also addresses guardianships and conservatorships, ensuring protection for minors and vulnerable adults. Working with experienced professionals ensures compliance with state laws, minimizes probate complications, and safeguards client interests for the future.
Adult Guardian & Conservator
In Missouri, conservatorships and guardianships are legal arrangements designed to protect adults who are unable to manage their personal or financial affairs due to incapacity or disability. A conservatorship typically involves court-appointed oversight of an individual’s financial matters, while a guardianship focuses on personal care decisions, including health and living arrangements. These processes require careful legal guidance to ensure the rights and well-being of vulnerable adults are upheld. Alfano Probate and Estate Planning provides experienced assistance in establishing and managing conservatorships and guardianships, helping families navigate these complex proceedings with dignity and respect.
Minor Guardianships
Minor guardianship in Missouri is a legal process through which a court appoints an individual to care for and make decisions on behalf of a child when the parents are unable or unavailable to do so. This guardianship ensures the minor’s well-being, covering aspects such as healthcare, education, and general welfare. Missouri law requires the guardian to act in the best interests of the child, and the court oversees the guardianship to protect the minor’s rights. Establishing guardianship involves a formal petition, background checks, and court hearings, making it essential to work with experienced legal counsel to navigate the process successfully.
Trust Administration
Trust administration in Missouri involves the management and distribution of a trust's assets according to the terms set forth by the grantor. Trustees are responsible for fiduciary duties, including asset protection, record keeping, tax filing, and timely distribution to beneficiaries. Missouri law requires trustees to act in good faith, with loyalty, and in the best interest of the beneficiaries, ensuring compliance with state statutes. Proper trust administration can help avoid probate, minimize tax liabilities, and provide clear guidance for asset management and succession. At Alfano Probate and Estate Planning, we offer experienced guidance to navigate Missouri’s trust administration process effectively and efficiently.