My mother & aunt. Mom wants to disclaim & her portion of the farm go to my brother's & myself. Is this possible in Missouri
Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.
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answered on Oct 13, 2023
No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More 
I know my mother named me as a beneficiary and I know a trust was recently filed although my mother died three years ago
answered on Aug 16, 2023
If you know who the Trustee is, or who the attorney for the Trust is, request a copy from them. As a beneficiary you are entitled to a copy of the trust.
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answered on Aug 7, 2023
In many cases, when a person who is owed restitution passes away, their right to receive the restitution payment can pass to their estate or heirs.
My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?
answered on Jul 20, 2023
First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More
Beneficiary But We Cannot Find the Paperwork We Do Have a Bank Statement That Puts Me as POD Does That Keep The House out of Probate and How Would I Get it in My Name I Have No Clue
answered on Jun 7, 2023
I am very sorry for your loss. You really need to consult a probate attorney to get the big picture on Todd's estate, particularly since you are unable to locate a will. Generally speaking, the POD account transfers to you automatically. But that has nothing to do with any real estate he... View More
The atty had the tax bills and did not pay them out of the estate once finalized. The other party has already been paid out. I'm the executor and received a final notice to pay said taxes. I never got any previous notices. Now I have 12 days to pay back taxes for 2 years. The probate case was... View More
answered on Jun 5, 2023
Ordinarily, the executor of the estate would pay any taxes before making any distribution to the heirs.
My mother told me she and her husband agreed to pass 3 properties to my 2 sisters and I. My sister was supposed to sell all 3 and divide the money 3 ways. Instead she convinced my mothers widower to give all of them to someone else. I just found out 2 years after his death. Is there anything I can... View More
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answered on May 23, 2023
At the very minimum, hire a MO attorney to search the three titles and determine present record ownership. If you are an heir, then a suit for a Sale For Partition might be available.
Son, Zach who is still alive. Bill died in California, we live in missouri.
Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More
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answered on Apr 30, 2023
First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html
Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants... View More
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.... View More
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answered on Mar 3, 2023
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... View More
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... View More
answered on Feb 24, 2023
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... View More
Since an attorney is required when filing a will for probate and the court requires payment of a filing fee, this can be a significant sum for someone who has been named an executor to pay on their own.
answered on Jan 22, 2023
An attorney cannot ethically advance costs. Therefore, the costs must be paid up front- usuallly by the personal representative. Intial Court costs are typically under $200.00. These costs can be reimbursed from Estate funds after the personal representative receives his or her letters of... View More
Trustee lives in house & kept 98% of contents along with farm contents. Land has been surveyed into 3 plots of 42 acres each, but house,lot & barn w/lot not included. Has been appraised. He won’t pay heirs their 2/3 .
answered on Jan 22, 2023
You should consider retaining an attorney to bring an action to enforce the trust and require an accounting from the trustee. It appears that the trustee is not acting in a proper fiduciary manner, nor complying with the terms of the Trust. You are entitled to an accounting for trust property... View More
The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?
answered on Jan 3, 2023
First and foremost, I am very sorry for your loss.
As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for... View More
However the judge did order that the first heir have custody of administration over the estate in probate.
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answered on Jan 3, 2023
An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.
answered on Dec 21, 2022
If there is only a car, or minimal property, you should be able to file a Small Estate Affidavit for estates with total assets under $40,000.00. If you have paid your father's funeral bill and the bill is roughly equal to the value of the car, you may be able to file a Creditor's... View More
We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More
answered on Nov 3, 2022
The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary... View More
MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More
answered on Oct 25, 2022
The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... View More
she has a will , but no other property
answered on Sep 19, 2022
If you are a co-owner of the accounts with a JTWROS (Joint Tenants with Right of Survivorhsip) designation, then those accounts pass directly to you and no probate is required for those accounts.
parental rights. An aunt and uncle had legal custody until I was 18. Am I an heir to his estate?
answered on Aug 22, 2022
I'm not entirely clear, without seeing the Judgment, but I tend to think that you are entitled to inherit. Unless you were actually adopted as the legal child of your aunt and uncle, you should still maintain your right to inherit. Often when a parent is unable to handle the... View More
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