Lenexa, KS asked in Estate Planning for Missouri

Q: My husband passed away, the estate is insolvent

My husband passed away, the estate is insolvent. I had to sell the house and pay the mortgage company and some extra bills. There is money left over after paying off the mortgage bill and the other bills. My question is if there is any way I can keep a portion of that money. They are other creditors wanting that money. But what I want to know if there is any law in the state of Missouri that will help me keep that money or a portion of it so it does not go all to creditors and I’m left with nothing.

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1 Lawyer Answer
Joseph John Piatchek
Joseph John Piatchek
  • Estate Planning Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: To fully answer the question, I have several questions that would need to be answered. How was the house titled,k in his name only, or both your names as husband and wife? Was an actual estate opened on his behalf in your local county probate court on his behalf, or not? Who are these other creditors, and are these debts only in your husband's name, or both of your names? Are any of the debts medical debts?

The urgency or requirement to pay these other creditors is going to be heavily dictated by your answers to the above questions. You are welcome to contact me if you want to have a more in depth discussion, if I knew more I could be far more helpful and give some exact answers. There are definitely some scenarios where you might be able to keep some of this money, and other scenarios where that would be more difficult.

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