Discovery of Assets Attorney Serving Kansas City, Missouri

When someone passes away, their estate must include all their assets. However, sometimes, certain assets that should be part of the estate are missing, possibly because a third party might have improperly transferred or hidden them. As a result, beneficiaries might not receive what they are entitled to, and the deceased’s wishes might not be honored.  

The role of the probate court is to oversee the proper management and distribution of a deceased individual's estate in accordance with their will or state laws. Missing assets complicate the distribution process and deny beneficiaries their rightful inheritance. A discovery of assets lawsuit can help identify and retrieve those assets so they can be properly included in the estate. 

Typically, the personal representative or executor of the estate initiates this proceeding with the help of an attorney. However, other interested parties, such as family members or beneficiaries, may also have a role in this process. 

Discovery of Assets With The Probate Law Center 

We take a thorough and methodical approach to these cases. Here's what you can expect when you choose our Kansas City probate firm:

1. Initial Consultation 

We start with a friendly chat to understand your situation and concerns. We gather preliminary information about the estate to identify any potential red flags. We explain how the process works. This is also a good time for you to ask any questions you might have.  

2. Investigation and Documentation 

Once we have a solid understanding of the case, we begin the investigation process. We review documentation such as bank statements, property titles, and other relevant records to identify any discrepancies or missing assets. Our team may also consult with forensic accountants and other experts to track down assets that have been hidden through complex financial maneuvers. 

3. Identifying Potential Third Parties 

In some cases, third parties may be involved in hiding or improperly transferring assets from the estate. We are experienced in identifying potential suspects and can work with their legal representatives if necessary. In certain situations, we might even employ private investigators to gather more concrete evidence. 

4. Court Proceedings 

If necessary, we file a petition with the probate court to initiate the discovery of assets proceeding. Our team will handle all legal aspects and represent your interests in court. We also prepare all the required documentation and evidence to support your case, ensuring a comprehensive and compelling presentation before the judge. 

5. Asset Recovery 

Once the court approves the proceeding, we can begin the process of recovering the missing assets. We work diligently to ensure that all assets are accounted for and included in the estate. Our team also coordinates with financial institutions and asset custodians to facilitate a smooth and efficient recovery process. 

Understanding Discovery of Assets in Missouri and Kansas 

Understanding the state laws governing probate and asset discovery is necessary to achieve a successful outcome for your case. However, the laws can vary between Missouri and Kansas.

Missouri 

Probate courts in Missouri have the authority to handle discovery of assets proceedings under Missouri Revised Statutes Section 473.340. This law allows the court to examine any person suspected of having concealed, embezzled, or conveyed away assets belonging to the estate.  

If the court determines that assets have been hidden or transferred improperly, it can order their return to the estate. The process also involves rigorous documentation and evidence submission to substantiate any claims of asset concealment. Missouri courts can impose sanctions or penalties on individuals found guilty of improperly handling estate assets. 

Kansas 

Kansas law, specifically K.S.A. 59-2239, empowers probate courts to investigate and recover assets that should be part of the estate but were transferred or concealed by a third party. This statute provides a framework for bringing assets back into the estate for proper distribution. It also allows the court to impose penalties on those found guilty of improperly handling the estate’s assets. 

Besides this, Kansas allows personal representatives to seek court intervention to question and depose individuals who may know the whereabouts of the missing assets. 

Our law firm can support you through probate both in and out of court with litigation and planning and administration services. We give you honest answers and advice so you can make informed decisions every step of the way. 

Discovery of Assets Lawyer in Kansas City, Missouri 

At The Probate Law Center, our lead attorney has successfully litigated and arbitrated cases involving multi-million-dollar trust disputes. Her passionate advocacy, leadership, empathetic guidance, and client-first approach have won Tiffannie several awards. Reach out for more information or to discuss your case. Trust The Probate Law Center to handle your case with the utmost professionalism and care.