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... Read 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... Read more »
However the judge did order that the first heir have custody of administration over the estate in probate.
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.
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... Read 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... Read more »
I know this will need to go through probate but one of her friends has the key to the house that is in moms name and will not allow anyone to touch the house. I do think this friend did give my brother the car that is in my moms name. what can we do?
answered on Aug 14, 2022
You need to contact an attorney and open an Estate for your mother immediatately. As you mother's son, you are entitled to apply for Letters of Administration. The friend has zero rights and should not have access to the house much less giving a car "away" - how is the neighbor... Read more »
Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.
answered on Jan 19, 2022
For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »
The remainder 4 siblings are getting nothing. Is this legal?
answered on Nov 30, 2021
If your mother was competent when she made her will, she was entitled to leave her house to whomever she wanted. There is no legal requirement that a parent leave property equally to children. If you believe she was not competent at the time she prepared her will you should consult an attorney.
My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »
answered on Oct 22, 2021
There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... Read more »
My mother-in-law is a widow with four adult children. She lives with my brother-in-law, but my wife and I manage her finances.
answered on Sep 2, 2021
An individual who knows for a fact that he or she will die owning absolutely nothing does not need a will or a living trust. HOWEVER, elderly people have been known to inherit from others well into their 70s, 80s and 90s and then, suddenly, there are assets. It is sad when they did not have a... Read more »
answered on Jun 15, 2021
Yes--a beneficiary designation takes priority over a Will. A beneficiary designation is a form of "non-probative transfer," which takes place separately from any testamentary documents.
My sister and I should have partial ownership of the house and his belongings. Can we enter the house without her permission to secure his belongings?
answered on May 26, 2021
If the wife refuses again, you could Probate his Estate and the Administrator marshal up the Estate Assets. Or you could hire a competent MO attorney to file an Action for a Partition Sale of the real property, which will definitely get her attention.
She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »
answered on May 5, 2021
My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!
answered on May 4, 2021
The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.
Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,... Read more »
He claims his dad had dementia and was not in his right Mind when he changed the percentages 4 months before he passed. There are 5 beneficiaries on his Edward Jones account and I don’t have the $ to hire an attorney. I don’t know how much money it is, when I called Edward jones they... Read more »
answered on Apr 12, 2021
You are entitled to represent yourself but you'll increase your chances of a good outcome if you find a way to come up with money to hire an attorney.
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
Direct: (636) 733-6647
Fax: (636) 537-2599
My mother passed away a week ago I was named the executor of the will. Myself and my 3 siblings are the beneficiaries of the will. One of the siblings is wanting me to keep her constantly informed of everything and that everything has to be a group decision. It is impossible for me to get anything... Read more »
answered on Apr 3, 2021
The answer to your question is generally found in the will itself. Most wills provide a time requirement for the personal representative to provide reports to the beneficiaries. Definitely no less than one time per year. If there is no such provision in the will, you and the attorney handling the... Read more »
Roommates waited 3 weeks to tell family members about our aunts death
My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... Read more »
My father has recorded beneficiary deeds for all of his land and houses. He has also added TOD to his vehicles. He has given all of his other assets (furniture etc.) away to someone within the family. My mother preceded him in death and they had a will together with different terms, such as the... Read more »
answered on Feb 2, 2021
If your father's estate value is under $40,000, it is considered a "small estate." The procedure for distribution of assets in a small estate is governed by Mo Rev. Stat. Section 473.097 and the statutes references in that section. If you have any questions you should consult and attorney.
Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... Read more »
answered on Dec 28, 2020
It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.
Will her share go to her older children?
answered on Nov 27, 2020
This depends entirely on the language of the Will.
Frequently, the children would be next in line (each receiving an equal share), but without reading the Will there is no way for me to know.
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