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Questions Answered by Todd Miller
1 Answer | Asked in Estate Planning for Missouri on
Q: Can a lawyer make you send estate money back if he overwrote the check and it’s already cashed?

My fathers estate was split 6 was between my siblings and myself. He sent out 6 checks written over $3,000 more than was in the account. Everyone else cashed theirs and mine was denied for insufficient funds. He is now requesting my siblings to return $3,000 each. Can he legally make them do this?... View More

Todd Miller
Todd Miller
answered on Dec 20, 2019

Yes. If the money was never yours to enjoy, the mistaken draft can be terminated and funds requested. For example, if a bank deposits one million in your account by mistake, the funds aren't actually yours.

2 Answers | Asked in Probate for Missouri on
Q: My mother just passed away in Missouri. Her estate is just debt. Do I have to do anything legally?

Is there a legal obligation to get involved in her estate? I prefer to let nature takes it's course.

Todd Miller
Todd Miller
answered on Dec 20, 2019

I encourage you to speak with a probate attorney at length to see if there is a need to open a probate estate. In general, if a decedent owned no assets at the time of their death, there is little to do.

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2 Answers | Asked in Probate and Estate Planning for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the... View More

Todd Miller
Todd Miller
answered on Dec 20, 2019

If the Will was probated, it is a public record and a copy may be obtained from the clerk of the court in the county where the decedent last resided. For what it's worth, if a probate estate was opened and you weren't notified by mail of any proceedings, there isn't much of a chance... View More

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