Questions Answered by Donald Joseph Quinn

Q: What evidence must be presented at a Determination of Heirship hearing? What will happen at it (in St. Louis County?)

1 Answer | Asked in Probate for Missouri on
Answered on Aug 17, 2011

You will need an attorney to proceed with the determination. The petitioner must appear and affirm the statements made in the original petition and whatever other facts the Court deems necessary.

Q: In Missouri does a last will and testament have to be probated

1 Answer | Asked in Estate Planning for Missouri on
Answered on Aug 17, 2011

The real question is, is there any probate left in the decedent, (testator)'s name alone on his date of death? If so, the will should probably be probated. You need to retain independent counsel to determine whether the will should be "probated" or not.

Q: Can a will that was never revoked be ruled valid for property that was quit claim deeded 2 years after said will?

1 Answer | Asked in Estate Planning for Missouri on
Answered on Aug 17, 2011

You need to retain counsel to look at all the facts. In Missouri, a will is only effective on the date of death (testamentary) over property left in the decedent's name alone on the date of death. Arguably if the parents quit claimed it to you they didn't mean to leave it subject to the will. The question is what is the nature of the "oral contract"?

Q: Small Estate Probate. Does Affiant have to be heir or distributee?Rohnn

1 Answer | Asked in Estate Planning for Missouri on
Answered on Aug 17, 2011

Yes, an heir, distributee, creditor, surviving spouse or minor child.

Q: What does a non-resident of Missouri have to do to become an executor of a Missouri resident's will?

1 Answer | Asked in Estate Planning for Missouri on
Answered on Aug 17, 2011

You need to retain counsel in Missouri and have him file an application for letters testamentary then you need to also file a Designation of Resident Agent.

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