Q: How does one obtain assets that were never retrieved and distributed to heir and newly discovered assets after probate?
Now I have come to one IRA Annuity claim in the amount close to $300,000 which is requiring the executor to be the one to obtain through this particular insurance company. Along with this, I know of another possible insurance claim and securities that may also require the same with the executor.
I think according to MO Courts, the conservatorships were closed and the executor relieved in July of 2020. What must happen now in terms of probate in order for us to recover these claims and securities without a current executor?
A: Hire a competent MO attorney to reopen the Estate with you as administrator cta, the original executor, or even appoint another attorney to serve. Annuities rarely go to the Estate but usually to designated beneficiaries. MO probably does not have jurisdiction over the annuities, so hope that your prior communications are accurate and the insurance co. does what they told you. If no Estate, then you are left with suing the insurance co. as a beneficiary for breach of contract, conversion, action to recover property, breach of fiduciary duty, etc. It will then be difficult and expensive, and you may have to sue in another State. You will need a MO attorney that litigates.
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.
