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Missouri Probate Questions & Answers
1 Answer | Asked in Family Law and Probate for Missouri on
Q: My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not

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 »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Mar 28, 2022

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 »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 21, 2022

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 »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

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.

Lloyd M. Nolan
Lloyd M. Nolan
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 »

1 Answer | Asked in Probate for Missouri on
Q: My mom had stocks why isn't it listed on the probate final accounting,?

Their is no documentation for stocks. The estate checking account had a vanguard deposit. It sat for 1 week than removed then we got paid a sizable dirct deposit from vangard.

I don't understand. Why it isn't listed.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 1, 2022

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 »

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

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 »

1 Answer | Asked in Probate for Missouri on
Q: My mother passed away and one of our brothers live in her basement how do we get him out
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

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.

1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan
answered on Sep 24, 2021

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 »

2 Answers | Asked in Probate for Missouri on
Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no estate....no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Aug 7, 2021

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 »

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1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

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 »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 17, 2021

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 »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Do beneficiary designations take priority over a Will?
David S. Schleiffarth
David S. Schleiffarth
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.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My father passed without a will. The house was in his name only, but wife still lives there. I want to enter the house.

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?

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Probate and Wrongful Death for Missouri on
Q: What can a person do when a step sister put a sister in an old folks home for 13 years so she couldnt inherit property.

Then she presented a death certificate showing she was cremated. The sister finally got out of old folks home and everyone shocked shes alive. All this over 2000 acres of land.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2021

If the facts are anywhere near what I think you are stating, then the Sister may have several causes of action. She will need a very competent MO attorney to search the titles to the entire 2000 acres first. The present owners and tax histories could be horrible. Hopefully the Sister is... Read more »

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

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 »

Agnes Jury
Agnes Jury
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!

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd M. Nolan
Lloyd M. Nolan
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 »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can I represent myself if I was served? I was left $ by a friend and his son filed for a declaratory judgement.

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 »

Ronald J. Eisenberg
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Ronald J. Eisenberg
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

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Aunt passed away in Florida and her roommate won't speak to us family members or release her belongings like pictures

Roommates waited 3 weeks to tell family members about our aunts death

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

I would speak with a probate attorney.

1 Answer | Asked in Probate for Missouri on
Q: What all information needs to be included on a small estate affidavit that will be submitted to a life insurance company

My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Feb 7, 2021

A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court.... Read more »

1 Answer | Asked in Probate for Missouri on
Q: I am a co-owner on a home and my sister is deceased and is her estate responsible for part of the taxes, insurance and

maintenance until it is resolved. thank you

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 4, 2021

The house is subject to County Property Taxes, not the titled owners. Insurance and Taxes will have to be paid by someone or the mortgage will go in default and foreclosure. Determine who the Sister's Heirs are and then ask them for contribution, or try to pay a small sum for a Deed over to... Read more »

1 Answer | Asked in Probate for Missouri on
Q: I am a beneficiary to a trust. Assets are to be equally split 7 ways between the 7 sibs per the lawyer that set up trust

One of the 7 siblings is the executor/trustee. The executor/trustee is refusing to tell all beneficiaries what the assets are and what debts are owed and what distributions would be due to beneficiaries. She is being very nasty and condescending to the rest of the siblings. We have not been able to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 8, 2021

You may want to hire an attorney to sue the Trustee. Breach of Fiduciary Duty, Conversion, and Removal For Cause and an Accounting come to mind as some of the possible causes of actions. After filing suit, request production of several documents including tax returns. The lawyer will also need... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

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