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?
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.)
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.