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Kansas City Estate Planning Lawyer

Protect Your Family's Future with a Rock Solid Estate Plan

As we go through life, it’s natural to prioritize our present needs over those in the future. However, when it comes to protecting your family’s future, setting up an estate plan is crucial. It ensures that your loved ones are taken care of and your wishes are carried out, providing peace of mind and avoiding potential conflicts or confusion among family members. With an estate plan in place, you can ensure that your family’s financial stability and well-being are secured even after you’re gone.

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Kansas City Family Law Attorney

Michelle Egbert
Estate Planning Attorney

WILLS

Estate planning involves making decisions about how your assets will be managed and distributed after your passing. One of the most crucial components of estate planning is creating a last will and testament, which outlines your wishes for your property, as well as designates guardianship for any minor children.

As experienced Kansas City estate planning lawyers, we understand the importance of creating a comprehensive estate plan that meets your specific needs. A last will and testament is a legal document that outlines how an individual’s property and assets will be distributed after their passing. A will typically includes instructions for paying off debts and taxes, as well as designates an executor to carry out these tasks. Without a valid last will and testament, the distribution of your assets will be subject to Kansas intestate laws, which may not align with your wishes.

In order for a last will and testament to be considered valid in Kansas, it must meet certain legal requirements. Firstly, the testator (person creating the will) must be at least 18 years of age and of sound mind. The will must also be witnessed by two individuals who are not beneficiaries under the will. 

Even when a last will and testament meets all legal requirements, it can still face challenges during probate (the legal process of settling an estate). One common issue is a challenge to the validity of the will, either due to lack of capacity or undue influence. Additionally, if a will contains ambiguities or conflicting clauses, it may also face challenges. As experienced Kansas City estate planning lawyers, we can help you create a clear and comprehensive last will and testament that minimizes the risk of any potential challenges.

At Patton & Patton Law Firm, we have years of experience helping individuals in Kansas City create personalized estate plans that meet their unique needs. We can guide you through the legal requirements for creating a valid will, as well as help you address any potential challenges that may arise.

TRUSTS

A trust is a legal instrument that allows an individual, known as the grantor, to transfer assets outside of probate.  The grantor places assets in a trust to be managed and distributed by a named party, known as the trustee, for the benefit of a third party, known as the beneficiary. Trusts are often used in estate planning to protect assets and ensure their proper distribution after a person’s passing. In Kansas, there are specific laws that govern trust formation and administration, which is why it is crucial to have a knowledgeable lawyer by your side.

One of the main benefits of setting up a trust is avoiding probate, which can be a lengthy and costly process. By creating a trust, you can ensure your assets are distributed according to your wishes without having to go through the probate process. Additionally, trusts can also offer tax benefits and protection against creditors. When it comes to choosing a trustee for your trust, we recommend carefully considering your options. A trustee should be someone you trust to manage your assets in accordance with your wishes.

Setting up a trust is an essential aspect of estate planning, and it is crucial to have a knowledgeable Kansas City Estate Planning Lawyer by your side. Our team at Patton and Patton has the expertise and experience to guide you through the process and ensure your wishes are met.

PROBATING AN ESTATE

Probate can be a complicated and overwhelming process, especially during an already difficult time. Here are some key points to keep in mind when dealing with probate in Kansas:

  • The probate court has jurisdiction over all estates within the state, regardless of where the deceased person lived or owned property.
  • Probate is required if the deceased person owned assets solely in their name, without any designated beneficiaries or co-owners.
  • The process begins with filing a petition and death certificate with the probate court in the county where the deceased person lived.
 

Each state has its own laws that govern how probate works. In Kansas, the process is fairly straightforward but can vary depending on the size and complexity of the estate. Here are some important things to keep in mind:

  • Kansas follows a simplified process for estates valued at $40,000 or less.
  • If the deceased person had a valid will, it must be filed with the court and goes through probate to ensure its validity.
  • If there is no will, the estate will be distributed according to state law. The probate process can take anywhere from six months to a year, depending on the complexity of the estate and any potential disputes or challenges.
 

At Patton and Patton, we understand the importance of having a knowledgeable Kansas City Estate Planning Lawyer by your side when dealing with probate. Our team will assist you with:

  • Filing all necessary paperwork and documents with the probate court.
  • Ensuring that all legal requirements are met and deadlines are followed.
  • Communicating with creditors and settling any outstanding debts or taxes.
  • Resolving any disputes or issues that may arise during the probate process.
 

We also offer personalized estate planning services to help you avoid probate and ensure that your assets are distributed according to your wishes. Our goal is to provide you with peace of mind and make the estate planning process as smooth and stress-free as possible.

Contact us today for a consultation so we can guide you through the probate process in Kansas and provide you with expert legal advice every step of the way. Let us take on the legal burdens so you can focus on honoring your loved one’s legacy

DURABLE POWER OF ATTORNEY AND LIVING WILLS

Estate planning is a crucial aspect of preparing for the future and ensuring that your loved ones are taken care of in the event of your incapacitation or passing. One essential component of estate planning is creating a durable power of attorney and living will. These legal documents designate a trusted agent or family member to handle your affairs if you become unable to do so yourself.

A durable power of attorney (DPOA) is a legal document that grants another person the power to make financial, legal, and medical decisions on your behalf if you are unable to do so yourself. This person, known as the attorney-in-fact or agent, must be someone you trust implicitly to act in your best interests. Unlike a regular power of attorney, a durable power of attorney remains effective even if you become incapacitated. This means that your designated agent can continue to manage your affairs and make decisions for you during a time when you are unable to do so.

A living will, also known as an advance directive, is a legal document that outlines your wishes for medical treatment if you become incapacitated and unable to communicate them yourself. This document specifies what types of medical treatments you would like to receive or reject, such as life-sustaining measures. In Kansas, a living will must be signed by two witnesses and notarized to be legally valid. It is important to regularly update your living will to reflect any changes in your wishes or medical conditions.

Creating a durable power of attorney and living will can be complex and requires a thorough understanding of the relevant legal issues. That is why it is crucial to consult with an experienced estate planning lawyer who can guide you through the process and ensure that your wishes are accurately reflected in these documents.

Kansas City Family Law Attorney
Kansas City Family Law Attorney

Michelle Egbert

PROVIDING STRENGTH WITH CALM

No one intends for family matters to reach a crisis point.  When they do, you need a knowledgeable, calm force beside you.  Michelle Egbert has the skill and experience to guide you through the legal process to the other side of that crisis.

Before pursuing her Juris Doctor degree, Michelle spent fifteen years in professional and lay church ministry in the greater Kansas City Area.  As a minister she worked with all ages, from children to the elderly.  Just like ministry, being a family law attorney is a service that reaches cradle to grave.  She intentionally applies her compassion for people to the practice of family law and her passion for justice to advocate zealously for her clients.

While gaining a family law emphasis at UMKC School of Law, Michelle worked in the Child and Family Services Clinic, interned with the Attorneys for the Juvenile Officer in the Kansas City, Missouri family court, and authored an article on how technology might benefit survivors of domestic violence for the Journal of the American Academy of Matrimonial Lawyers.  She was the first student member of the Johnson County Family Law Inn of the Court and is now an associate level member of the Inn.

Michelle graduated magna cum laude from Grove City College in Pennsylvania with a bachelor’s degree in Music and Religion.  She received her Juris Doctor with honors from the University of Missouri Kansas City School of Law. In her practice, Michelle seeks to protect families and survivors of domestic violence.

 

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We handle legal cases involving Kansas and Missouri personal injury claims, auto accident claims, medical malpractice, workers compensation & offer other legal services.  

TOPEKA OFFICE

534 S. Kansas, Ste 1120
Topeka, Kansas 66603
PHONE: (785) 370-0001
EMAIL: pattonandpatton@gmail.com

LENEXA OFFICE

8839 Long Street
Lenexa, Kansas 66215
PHONE: (913) 228-1440
EMAIL: pattonandpatton@gmail.com

WICHITA OFFICE

245 N. Waco Ave, Suite 230
Wichita, Kansas 67202
PHONE: (316) 779-2084
EMAIL: pattonandpatton@gmail.com

Wichita firm Foreman Law LLC graciously allows us the use of its office space to meet with Wichita area clients, by appointment only. 

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