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Questions Answered by Lloyd M. Nolan
1 Answer | Asked in Probate for Missouri on
Q: my mother passed, do i need to go through probate if i am on all her bank accounts, she lived with us , we`re co owners

she has a will , but no other property

Lloyd M. Nolan
Lloyd M. Nolan
answered on Sep 19, 2022

If you are a co-owner of the accounts with a JTWROS (Joint Tenants with Right of Survivorhsip) designation, then those accounts pass directly to you and no probate is required for those accounts.

1 Answer | Asked in Probate for Missouri on
Q: My father died without a will. He has 5 acres and a house. He has 3 children. When I was 13, he relinquished his

parental rights. An aunt and uncle had legal custody until I was 18. Am I an heir to his estate?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 22, 2022

I'm not entirely clear, without seeing the Judgment, but I tend to think that you are entitled to inherit. Unless you were actually adopted as the legal child of your aunt and uncle, you should still maintain your right to inherit. Often when a parent is unable to handle the... Read more »

3 Answers | Asked in Bankruptcy and Divorce for California on
Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?

IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 16, 2022

Marital debt is apportioned between the parties in nearly all States. If bankruptcy is a serious consideration, it is often an effective strategy for Husband and Wife to file a joint bankruptcy prior to dissolving the marriage. This way they can eliminate most, if not all, of the debt that could... Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My mother passed away in Atchison County Missouri. She has no will, and nothing in writing.

I know this will need to go through probate but one of her friends has the key to the house that is in moms name and will not allow anyone to touch the house. I do think this friend did give my brother the car that is in my moms name. what can we do?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 14, 2022

You need to contact an attorney and open an Estate for your mother immediatately. As you mother's son, you are entitled to apply for Letters of Administration. The friend has zero rights and should not have access to the house much less giving a car "away" - how is the neighbor... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Are assets that are POD to specific persons considered part of the probate or separate from probate?

I am referring to a retirement account and certificate of deposit. No real estate or personal property like a car or boat.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 3, 2022

If the retirement account and certificate of deposit already have named beneficiar(ies), then it will not be necessary to file a probate proceeding as to those assets. Those assets would "by-pass" Probate - assuming the beneficiary has survived the decedent.

1 Answer | Asked in Probate for Missouri on
Q: My wifes grandparents died and had a will . Now its in probate and close to being settled but judge okay'd sell of

Personal property . All of it is gone and nothing of a sale . The executior is not saying a word about it . This is wrong correct

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 15, 2022

If your wife is an heir, she entitled to see all documents filed with the Court, including the Will (if there was one), and all Inventories of the property. When the Estate is ready for settlement, she is entitled to a copy of the Final Settlement or Statement of Account, which is a full... Read more »

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My new wife took out a credit card in my name. I am in a chapter 13. What will happen?

My new wife took out a credit card in my name. I am in a chapter 13. She used my info, I didn't know about it, what will happen?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 14, 2022

What you describe sounds like a post-filing debt, which would not be discharged in your Chapter 13. I have no doubt that your jurisdiction forbids incurring new debt, (including credit cards) without Court permission. (No Court in my experience would EVER grant permission). I agree with Mr.... Read more »

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 21, 2022

No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei

My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 10, 2022

Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that... Read more »

5 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?

The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Apr 1, 2022

The automatic stay in a Bankruptcy only exists while the case is open and the Stay is in effect. If you have been discharged in your Chapter 7 and the case is closed, there remains no protection under the automatic stay. If the creditor applied for, and was granted relief from the automatic stay,... Read more »

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1 Answer | Asked in Family Law and Probate for Missouri on
Q: My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not

My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Mar 28, 2022

There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

4 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: My mom had stocks why isn't it listed on the probate final accounting,?

Their is no documentation for stocks. The estate checking account had a vanguard deposit. It sat for 1 week than removed then we got paid a sizable dirct deposit from vangard.

I don't understand. Why it isn't listed.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 1, 2022

I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My mother passed away and one of our brothers live in her basement how do we get him out
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 8, 2021

Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 3, 2021

The Sheriff has most likely not received Notice of your Bankruptcy filinh. Contact your lawyer immediately. Your lawyer can contact the creditor and file a Suggestion of Bankrutpcy in the Court where the Replevin action is pending. This should quickly resolve your issue,

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