Alton, IA asked in Estate Planning and Probate for Missouri

Q: My mother passed away in Atchison County Missouri. She has no will, and nothing in writing.

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?

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1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
  • Estate Planning Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: 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 going to transer title??? (can't). All these actions can be called into account once an estate is opened. In the meantime, I would contact the local police and explain the situation. They "may" speak to the neighbor and inform her that she is not authorized to take these actions. (They might also say it's a "civil matter' and that they don't want to be involved. In any event, nothing will be lost by alerting the police as to what is happening.)

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