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.
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.
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.
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
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... View More
I am referring to a retirement account and certificate of deposit. No real estate or personal property like a car or boat.
answered on Aug 3, 2022
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.
Personal property . All of it is gone and nothing of a sale . The executior is not saying a word about it . This is wrong correct
answered on Jul 15, 2022
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... View 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... View More
answered on Jun 16, 2022
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... View More
My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?
answered on Jun 10, 2022
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... View 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... View More
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... View More
They split months before passing.
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... View 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... View More
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.
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.... View More
I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!
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... View More
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.
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... View More
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