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 »
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 »
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... Read more »
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...Read more »
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...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?
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 »
If the retirement account and certificate of deposit already have named beneficiar(ies), then it will not be necessary to file a probate proceeding as to those assets. Those assets would "by-pass" Probate - assuming the beneficiary has survived the decedent.
If your wife is an heir, she entitled to see all documents filed with the Court, including the Will (if there was one), and all Inventories of the property. When the Estate is ready for settlement, she is entitled to a copy of the Final Settlement or Statement of Account, which is a full...Read more »
He said to me that I can have one of his cars and even tho it isn't any will the Facebook messenger verify that its his page with his profile picture and full name with the conversation from him and I and he's telling me I get one of his cars so isn't that conversation û and him... Read more »
In Missouri, an oral will is generally not valid. There is an exception but not in the circumstances you describe. Missouri requires a person's last will to be in writing and witnessed and notarized. I'm afraid your father's statements on facebook messenger will not be enforced by a...Read more »
Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that...Read more »
My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... Read more »
There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your...Read more »
Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to...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.
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 »
I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed....Read more »
This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not...Read more »
Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.
That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open...Read more »
You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent...Read more »
My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »
Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal...Read more »
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.
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