Get free answers to your Probate legal questions from lawyers in your area.
I was close to my biological father, who passed away in 2019, and his assets automatically went to my stepmom due to their joint ownership. After my stepmom died in a car accident in 2022, her sister changed the locks on their house before I could locate the will and other important documents.... View More 
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answered on Jun 5, 2025
You have a limited window to contest the probate decision in Missouri if you did not receive timely notice or if you suspect irregularities in the administration. Generally you must file a written objection in the county probate court within a few months of the estate being opened, so acting... View More
What is the Missouri case law or precedent that supports Missouri courts having jurisdiction over a claim against a Missouri trustee for fraud relating to a British Columbia trust agreement? The issue involves a breach of fiduciary duty where the trust agreement was signed and notarized in... View More
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answered on Jun 7, 2025
If you're dealing with a Missouri trustee who is alleged to have committed fraud in connection with a British Columbia trust agreement, Missouri courts may still have jurisdiction under certain circumstances. When the trust agreement was signed and notarized in Missouri, and the trustee is... View More
I am the personal representative for my late father's estate, shared with my three sisters. I deposited a check from a farmer who rented part of the estate's land. The estate is currently in probate court, and there was no formal agreement with the farmer. Outside of paying taxes and... View More
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answered on May 4, 2025
No, that would be embezzlement by the fiduciary. That check is an estate asset to be administered.
I got divorced in 2018 in Missouri and signed a quitclaim deed on our house as part of the settlement. I paid off the mortgage, and my ex-wife took full ownership and responsibility for the house. I now live in Washington state. My ex-wife passed away recently without a will, and her only surviving... View More
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answered on May 15, 2025
First, you’ll need to confirm whether your name was fully removed from the property’s title after the 2018 divorce. Contact the recorder of deeds in the Missouri county where the home is located and request a copy of the most recent deed. If your name is no longer listed, then your ex-wife held... View More
I would like to know if a landlord in Missouri can keep a tenant's deposit when the tenant dies without having an administrator. The lease didn't specify terms about the deposit in case of death. The rent was paid up at the time of death, and the tenant was on a month-to-month lease. The... View More
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answered on Apr 26, 2025
No, the landlord does not get to keep the deposit. The deposit is an asset of the decedent’s estate.
I am concerned about a trust mentioned in my deceased grandmother's will. My sister, who is not sharing any details, is involved in managing the trust. I believe I am a beneficiary, but I am not receiving what was left to me. The will might have been probated, but I have no information on it.... View More
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answered on Apr 16, 2025
You have a legal right to know if you are a beneficiary of a trust, especially if it was created under your grandmother’s will. If the will was submitted to probate, it becomes a public record. You can contact the probate court in the county where your grandmother lived at the time of her death... View More
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More
answered on Mar 29, 2025
If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More
My husband just passed away. In his divorce decree, his ex-wife was awarded pension money. There is no specific mention in the decree about any changes to this entitlement upon his passing. Does his ex-wife still qualify for that pension money under these circumstances?
answered on Mar 18, 2025
The divorce Judgment and the pension plan rules are going to dictate the rights of the ex-wife. There is really no way to tell without reading both. Generally in a divorce, a pension payment is a division of property. This is different than a maintenance (alimony) payment that terminates at the... View More
My father passed away on either March 6 or March 10, 2025. I live in Florida, but he resided in Morgan County, Missouri. My aunt claims to be the "sole executor" of his will and mentioned that "the will is in the court system." However, despite my requests, she has not shared... View More
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answered on Apr 13, 2025
To verify the status of your father’s will and ensure fair distribution of his estate, you should contact the probate court in Morgan County, Missouri, directly. Even if you didn’t find anything on case.net, the court may have additional details or records not yet updated online. Probate cases... View More
I was assaulted by my sister's husband when I went to get the car from my brother's estate. Despite reporting the assault to multiple authorities, including the chief of police and the district attorney, no charges have been filed. The assistant county attorney decided not to file charges... View More
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answered on Mar 27, 2025
I understand your frustration with the lack of criminal charges after being assaulted. While this situation is deeply unfair, from a legal standpoint, due process rights primarily protect individuals accused of crimes, not victims seeking justice. Prosecutors have broad discretion in deciding... View More
I'm seeking guidance on pursuing the unclaimed property of my deceased Great Aunt, who was born on July 18, 1906, and died on October 2, 2009, in Missouri. There are five files indicating amounts "Over $50." My sister and I are the known heirs, although she had other potential heirs,... View More
answered on Mar 2, 2025
You should make your unclaimed property claim through Missouri State Treasurer. If there is property that and you need to establish your right to it, you should contact an attorney to file a Small Estate Affidavit or Petition to Determine Heirs with the Probage Court in the County where your... View More
my father passed away in his will that was never sent to probate he said my step mother could live in our family home that my father and mother purchased my father said my step mother could live in the home till she remarried or passed away or she could sell it but had to split the earnings between... View More
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answered on Feb 3, 2025
Very Sorry.... Without a probated will father passes away intestate. So his Heirs take which includes his spouse. Hire a MO attorney to search the title and determine specific ownership. Spouse could sue for partition, so the other heirs offering her a small price for her share might make... View More
My deceased father was frauded and coerced into changing his will and taking my sister and I out of it completely, by a guy that popped up in my dad's life at the end, when he was incredibly sick and going through chemotherapy. My family, my sister, his neighbors nor I have even ever heard of... View More
answered on Dec 3, 2024
You mention that your father was defrauded into changing his Will. If someone attempts to probate the Will, you are entitled to contest it in the Probate Court. Based upon what you've stated, it seems that you have a good case to contest the fraudulent will.
It also sounds as though... View More
My cousin took the will and put her name on the account so I would not have access to anything
answered on Apr 24, 2024
You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?
If I am removed from a will due to a codicil but I am mentioned in a application for letters testamentary, will I receive what is stated or will I have to fight the codicil?
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answered on Apr 19, 2024
If the Codicil is admitted to Probate, then it modifies the Probated Will. If you have interpreted it correctly, then you receive nothing. But Codicils have to be drafted and executed properly, so you may wish to contest the Codicil. Hire a MO attorney to look at the Probate file.
I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More
answered on Mar 23, 2024
No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.
My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More
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answered on Mar 9, 2024
I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More
He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)
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answered on Feb 23, 2024
In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the... View More
We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?
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answered on Jan 30, 2024
It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.
One option to protect her SSI eligibility is... View More
I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA
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answered on Jan 30, 2024
As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play... View More
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