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Missouri Probate Questions & Answers
1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan answered on Sep 24, 2021

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

2 Answers | Asked in Probate for Missouri on
Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 7, 2021

You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 17, 2021

Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Do beneficiary designations take priority over a Will?
David S. Schleiffarth
David S. Schleiffarth answered on Jun 15, 2021

Yes--a beneficiary designation takes priority over a Will. A beneficiary designation is a form of "non-probative transfer," which takes place separately from any testamentary documents.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My father passed without a will. The house was in his name only, but wife still lives there. I want to enter the house.

My sister and I should have partial ownership of the house and his belongings. Can we enter the house without her permission to secure his belongings?

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

If the wife refuses again, you could Probate his Estate and the Administrator marshal up the Estate Assets. Or you could hire a competent MO attorney to file an Action for a Partition Sale of the real property, which will definitely get her attention.

1 Answer | Asked in Probate and Wrongful Death for Missouri on
Q: What can a person do when a step sister put a sister in an old folks home for 13 years so she couldnt inherit property.

Then she presented a death certificate showing she was cremated. The sister finally got out of old folks home and everyone shocked shes alive. All this over 2000 acres of land.

Anthony M. Avery
Anthony M. Avery answered on May 19, 2021

If the facts are anywhere near what I think you are stating, then the Sister may have several causes of action. She will need a very competent MO attorney to search the titles to the entire 2000 acres first. The present owners and tax histories could be horrible. Hopefully the Sister is... Read more »

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 4, 2021

The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.

Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,...
Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can I represent myself if I was served? I was left $ by a friend and his son filed for a declaratory judgement.

He claims his dad had dementia and was not in his right Mind when he changed the percentages 4 months before he passed. There are 5 beneficiaries on his Edward Jones account and I don’t have the $ to hire an attorney. I don’t know how much money it is, when I called Edward jones they... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

You are entitled to represent yourself but you'll increase your chances of a good outcome if you find a way to come up with money to hire an attorney.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Fax: (636) 537-2599

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Aunt passed away in Florida and her roommate won't speak to us family members or release her belongings like pictures

Roommates waited 3 weeks to tell family members about our aunts death

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

I would speak with a probate attorney.

1 Answer | Asked in Probate for Missouri on
Q: What all information needs to be included on a small estate affidavit that will be submitted to a life insurance company

My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 7, 2021

A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court.... Read more »

1 Answer | Asked in Probate for Missouri on
Q: I am a co-owner on a home and my sister is deceased and is her estate responsible for part of the taxes, insurance and

maintenance until it is resolved. thank you

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2021

The house is subject to County Property Taxes, not the titled owners. Insurance and Taxes will have to be paid by someone or the mortgage will go in default and foreclosure. Determine who the Sister's Heirs are and then ask them for contribution, or try to pay a small sum for a Deed over to... Read more »

1 Answer | Asked in Probate for Missouri on
Q: I am a beneficiary to a trust. Assets are to be equally split 7 ways between the 7 sibs per the lawyer that set up trust

One of the 7 siblings is the executor/trustee. The executor/trustee is refusing to tell all beneficiaries what the assets are and what debts are owed and what distributions would be due to beneficiaries. She is being very nasty and condescending to the rest of the siblings. We have not been able to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2021

You may want to hire an attorney to sue the Trustee. Breach of Fiduciary Duty, Conversion, and Removal For Cause and an Accounting come to mind as some of the possible causes of actions. After filing suit, request production of several documents including tax returns. The lawyer will also need... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

1 Answer | Asked in Probate for Missouri on
Q: How long after a person dies do you have to ask to send the estate to probate?

My father died coming up on 2 years ago. I have 2 siblings. My oldest sister stepped in and took everything. 2 vehicles 3 houses and whatever money there was. Can I still send it to probate? He lived in Missouri at the time of his death.

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 7, 2020

The period in which an Estate must be opened in Missouri is One Year from the date of death. I'm not sure how your sister was able to take everything without a probate estate being opened. If the 2 vehicles and the 3 houses you mentioned were titled in such a way that your sister became the... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My brothers lied about my father's assets in probate. They taken everything. Where do I start? His estate half a mil pl

They have financially ruined me. I guess hoping I won't be able to get a lawyer. What do I do? Can I do anything?

Nina Whitehurst
Nina Whitehurst answered on Jul 3, 2020

You need to schedule a personal consultation with a probate attorney right away just in case it’s not too late to intervene in the case. If you have sat back and let it happen it might be too late but you won’t know for certain until you have explored all angles with a probate litigation attorney.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My husband's mom just passed away. Her house was only under her and her deceased mom's name. My husband's dad and older

Sister are the survivors. His dad and sister want nothing to do with the house so every one wants to put it in my husband's name. However, she left no will no beneficiary, nothing. What do we do from here?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Hire a competent attorney to search the title. You will probably need an Affidavit of Heirship, and a Quit Claim Deed for the other Heirs to convey their interests over to your Husband. He will need to immediately start paying taxes, and any mortgages.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... Read more »

David S. Schleiffarth
David S. Schleiffarth answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I live with and care for my grandfather. He has no will. How do I keep living in his house? What do I do?

No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:

I am POA medically and financially for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: Hey f my landlord dies and his sister shows up asking for rent money while the property is still in probate

I also don’t have a lease what should I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

If you owe rent you should pay it. Just make sure you have proof of payment, like a receipt or canceled check. If you know which attorney is handling the probate you should contact him or her to find out who to pay.

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