The best drafted Will or Trust can be undermined if the person designated as the executor or Successor Trustee fails or neglects to properly carry-out their duties. Executors and Trustees are referred to as “fiduciaries” under the law. Fiduciaries are required to carry-out their duties with a high degree of skill and care. Both Kansas and Missouri have extensive and detailed probate laws and procedures, both states also have detailed Trust Codes that govern Trustee duties and beneficiary rights.
Our firm advises both Court appointed Executors and Successor Trustees on how to carry-out their duties in accordance with the terms of an applicable Will or Trust and also in accordance with the requirements of state law. Because our firm is hired to help the probate estate run properly or the Trust administration to proceed without incident, in most cases our firm is paid out of the assets of the probate estate or from the Trust as a typical cost of administration.