Trust, Probate & Fiduciary Litigation

Probate Claims & Disputes

The wide-ranging experience our attorneys have in handling all facets of probate matters serves as the foundation of our advice and counsel to clients in either pursuit or defense of creditors’ claims within a formal probate proceeding.

The formal probate process generally begins with the filing of a petition to open a probate estate in the jurisdiction (i.e. county) where the Decedent’s last registered address was located. One of the duties of the Personal Representative (or Executor) appointed to administer a Decedent’s probate estate is to orderly pay down debts and obligations owed by the Decedent at the time of death.  Creditors of a Decedent will have a limited period of time to file a written claim against the probate estate or be barred from doing so, and it is the duty of the Personal Representative to determine which claims against the probate estate must be paid versus which ones should be disputed.

Both Missouri and Illinois have separate sets of laws and procedures, as sometimes do the local probate courts, for notifications to creditors and for the filing of a written claim against a probate estate. These time limitations and filing procedures, if not strictly followed, can prevent an otherwise valid claim against a probate estate from being paid.

Our St. Louis-based probate attorneys have significant experience in Missouri and Illinois probate venues with both filing claims on behalf of creditors as well as defending probate claims on behalf of the Personal Representative. Navigating the probate process is, without a doubt, intricate and at times confusing and challenging. Our attorneys are available to assist you.

Contact Schmidt Basch,LLC

Personal • Professional • Proficient

 

Navigating probate claims and disputes can be tricky, but our experienced attorneys are here to help.

Contact Schmidt Basch,LLC today, and our team will promptly reach out to schedule your consultation.