Probate is the Associate Court division in every county. It include the estates of deceased persons and those persons who are incapacitated and under a guardianship and/or conservatorship.
When a person passes with or without a will and there are assets in that person’s name, there has to be a procedure for those assets to get to the heirs or beneficiaries. Estates with assets in excess of $40,000 will require administration overseen by the probate court. When assets are less than $40,000 there are some procedures that serve as shortcuts to avoid the time and expense of full probate administration. Call us to see if we can help.
In the event a person is incapacitated by accident, disease or born that way, the Probate Court exists to appoint a guardian to basically have custody of that person and make their decisions for him or her. The Probate Court can also, and usually does, appoint a conservator to be in charge of that disabled person’s income and assets and to pay their bills.
Our firm has represented the Public Administrator, who is an elected official in Cape Girardeau County, for over 14 years. That person’s job is to be appointed guardian and conservator for persons who do not have anyone available for the duties of the guardian and conservator position.
The Public Administrator of Cape Girardeau County usually has approximately 150 cases or clients. Our law firm does the Public Administrator’s legal work. Over the past 14 years we have administered hundreds and hundreds of cases involving many, many issues. These case have involved family disputes, sales of land and farms, and even the restoration of the incapacitated person’s legal status.