Asked in Probate and Wrongful Death for Missouri

Q: What can a person do when a step sister put a sister in an old folks home for 13 years so she couldnt inherit property.

Then she presented a death certificate showing she was cremated. The sister finally got out of old folks home and everyone shocked shes alive. All this over 2000 acres of land.

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: If the facts are anywhere near what I think you are stating, then the Sister may have several causes of action. She will need a very competent MO attorney to search the titles to the entire 2000 acres first. The present owners and tax histories could be horrible. Hopefully the Sister is actually the rightful owner as an heir at law or devisee. There may be others. An Affidavit of Heirship may be needed. If she is an Heir, even as a Tenant In Common, then an action for Ejectment and Quiet Title will be in order with joining of many different parties as defendants. The Court Costs alone will be significant. Related actions for breach of title warranties will also be made, along with claims against title insurance companies. I would be interested in being a co-counsel with a good MO attorney on this.

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