Your parents will need to revoke their prior power of attorney and prepare a new one. As for the will, depending on how it is drafted, it may or may not need to be revised. For example, the will may say that your deceased brother's inheritance will pass to his heirs (most likely his... View More

Sorry to hear you are dealing with this. You could petition the Court for a guardian or a conservator to step in and make sure your family member is being cared for properly. If your family member is in immediate danger of some sorts, obviously call the police. Getting a guardian or conservator... View More

If you die without a Will, the laws of intestancy will control and your mother will be one of your heirs. You should prepare a Will leaving your assets to whoever you choose.

REQUIRED, no, but the concept needs to be there in some form either in the document itself and more importantly in the jurat where the witnesses acknowledge things.

WHY would you object to that? PLEASE seek the counsel of a local lawyer who can both guide you in what needs to be in the... View More

You need to speak to an attorney quickly. Disposing of assets after someone has passed is a routine process, which requires the intervention of the courts sometimes. If you have taken the liberty of selling something that is not yours, you may have bigger issues to worry about as well.

A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or... View More

The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a... View More

You need to consult with a probate attorney in the state and county where your father lived at the time of his passing. Most every state has its own rules about spouse's shares of estates and what happens if someone doesn't update a will after a remarriage. The nature of how property was... View More

You will need to repost this question in the MO section of Justia. This is the Colorado section and a Colorado attorney cannot represent or provide advice in a state that they do not licensed to practice.

Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of... View More

This would depend the amount of your estate and your particular circumstances. Generally, large estates are managed by corporate trustee, but to necessarily. It is very customary for some people to be the trustee of their own trust, or name a close family member as trustee. Altough, there are no... View More

You need to retain counsel in Missouri and have him file an application for letters testamentary then you need to also file a Designation of Resident Agent.

Yes, an heir, distributee, creditor, surviving spouse or minor child.

You need to retain counsel to look at all the facts. In Missouri, a will is only effective on the date of death (testamentary) over property left in the decedent's name alone on the date of death. Arguably if the parents quit claimed it to you they didn't mean to leave it subject to the... View More

The real question is, is there any probate left in the decedent, (testator)'s name alone on his date of death? If so, the will should probably be probated. You need to retain independent counsel to determine whether the will should be "probated" or not.