St Louis, MO asked in Probate for Missouri

Q: Who can put in a claim against a deceased person’s property who only had one living heir at time of probate?

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 has been 15 months ago. The property is solely in my name since probate. Now my brother-in-law and two of his sons are wanting their name added to the property. Which I don’t want to do. I promised my mom that as long as I’m alive the property (5.14 acres) would not be sold. The property is in the country about 10 miles from any town. Also while she was making payments on the property I mailed her a post office money order every month to help pay for the property. I did this until the property was paid for. I didn’t keep the money order receipts. The property is in the state of Arkansas. Does this make a difference?

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

A: 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 properly inherited her property. Regardless of what pressure your brother-in-law and his sons might want to place upon you, they have no rights to the property you inherited from your mother. If they will not leave you alone, contact law enforcement.

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