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
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
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 .
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
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.
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
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
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
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
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...View More
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?
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...View More
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?
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...View More
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.
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...View More
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....View More
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...View More
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...View More
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?
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,...View More
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... View More
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...View More
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...View More
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.
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...View More
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...View More
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