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Missouri Probate Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I co owned property in Missouri with another person with rights of survivorship the other co owner died recently

He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)

James L. Arrasmith
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answered on Feb 23, 2024

In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the... View More

1 Answer | Asked in Estate Planning, Probate and Social Security for Missouri on
Q: My mother is receiving inheritance from her father after he passed away, but she is on SSI in Missouri

We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?

James L. Arrasmith
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answered on Jan 30, 2024

It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.

One option to protect her SSI eligibility is...
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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

T. Augustus Claus
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answered on Jan 30, 2024

As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play... View More

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2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

James L. Arrasmith
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answered on Jan 30, 2024

In situations where a person was owed court-ordered restitution and passes away before receiving it, the right to collect the restitution typically passes to their estate. As the only living child and with a notarized last will and testament, you likely have a claim to this restitution as part of... View More

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1 Answer | Asked in Family Law and Probate for Missouri on
Q: Where do I find a joint petition to remove conservatorship now that my husband is no longer disabled

My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship

James L. Arrasmith
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answered on Jan 21, 2024

Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:

1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship....
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1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does law 475.120, RSMo (2000) apply to behavioral health unit of nursing home?

Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.

T. Augustus Claus
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answered on Oct 13, 2023

No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Missouri on
Q: What are my rights as a widow?

My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My Big Brother Todd Passed Away April 8,2023 My Other Brother and I Took Todd off of Life Support! WE All Thought I Was

Beneficiary But We Cannot Find the Paperwork We Do Have a Bank Statement That Puts Me as POD Does That Keep The House out of Probate and How Would I Get it in My Name I Have No Clue

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 7, 2023

I am very sorry for your loss. You really need to consult a probate attorney to get the big picture on Todd's estate, particularly since you are unable to locate a will. Generally speaking, the POD account transfers to you automatically. But that has nothing to do with any real estate he... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

Son, Zach who is still alive. Bill died in California, we live in missouri.

Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More

Nina Whitehurst
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answered on Apr 30, 2023

First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html

Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants...
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1 Answer | Asked in Probate for Missouri on
Q: How does one obtain assets that were never retrieved and distributed to heir and newly discovered assets after probate?

Now I have come to one IRA Annuity claim in the amount close to $300,000 which is requiring the executor to be the one to obtain through this particular insurance company. Along with this, I know of another possible insurance claim and securities that may also require the same with the executor.... View More

Anthony M. Avery
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answered on Mar 3, 2023

Hire a competent MO attorney to reopen the Estate with you as administrator cta, the original executor, or even appoint another attorney to serve. Annuities rarely go to the Estate but usually to designated beneficiaries. MO probably does not have jurisdiction over the annuities, so hope that... View More

1 Answer | Asked in Probate for Missouri on
Q: Who can put in a claim against a deceased person’s property who only had one living heir at time of probate?

I was the only living heir to my mother’s property. I had a sister and a brother who are both deceased. My sister was kept on a respirator for 26 hours after my mother passed away. My sister had a massive stroke about six hours before my mother passed away and was put on the respirator. This... View More

Lloyd  Nolan
Lloyd Nolan
answered on Feb 24, 2023

A person who fails to survive the decedent by 120 hours is deemed to have predecased the decedent for purposes of homestead allowance, exempt property and intestate succession. 474.015 Missouri Revised Statutes. It appears that you were your mother's sole surviving heir and, as such, you... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can 2 heirs sale inherited farm if 1 heir disagrees & is trustee of irrevocable trust & lives in house? Missouri state

Trustee lives in house & kept 98% of contents along with farm contents. Land has been surveyed into 3 plots of 42 acres each, but house,lot & barn w/lot not included. Has been appraised. He won’t pay heirs their 2/3 .

Lloyd  Nolan
Lloyd Nolan
answered on Jan 22, 2023

You should consider retaining an attorney to bring an action to enforce the trust and require an accounting from the trustee. It appears that the trustee is not acting in a proper fiduciary manner, nor complying with the terms of the Trust. You are entitled to an accounting for trust property... View More

1 Answer | Asked in Probate for Missouri on
Q: When a will is filed in Missouri, does the executor pay filing fees and other expenses upfront out of his own funds?

Since an attorney is required when filing a will for probate and the court requires payment of a filing fee, this can be a significant sum for someone who has been named an executor to pay on their own.

Lloyd  Nolan
Lloyd Nolan
answered on Jan 22, 2023

An attorney cannot ethically advance costs. Therefore, the costs must be paid up front- usuallly by the personal representative. Intial Court costs are typically under $200.00. These costs can be reimbursed from Estate funds after the personal representative receives his or her letters of... View More

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 3, 2023

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for...
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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Missouri on
Q: If there is two hers for The descendants property can 1 heirs evict the other 1.

However the judge did order that the first heir have custody of administration over the estate in probate.

Anthony M. Avery
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answered on Jan 3, 2023

An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.

1 Answer | Asked in Probate for Missouri on
Q: My father just died in Missouri, without a will. i live in Ca and was wondering what i would have to do to get his car?
Lloyd  Nolan
Lloyd Nolan
answered on Dec 21, 2022

If there is only a car, or minimal property, you should be able to file a Small Estate Affidavit for estates with total assets under $40,000.00. If you have paid your father's funeral bill and the bill is roughly equal to the value of the car, you may be able to file a Creditor's... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Missouri on
Q: My mother died intestate. Can Medicade Recovery override an Affidavit of Heirship?

We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More

Lloyd  Nolan
Lloyd Nolan
answered on Nov 3, 2022

The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary... View More

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My mother passed away in MO & has a reverse mortgage. How long do we have to sell the home & pay back the loan balance?

MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 25, 2022

The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... View More

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does emergency guardianship override parental custody rights?

I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More

Lloyd  Nolan
Lloyd Nolan
answered on Mar 23, 2024

No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.

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