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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?... Read 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... Read 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... Read more »

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