Lawyers, Answer Questions  & Get Points Log In
Missouri Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... View More

1 Answer | Asked in Probate for Missouri on
Q: Do I need an attorney to file affidavit of heirship??

It's been 1 yr 13 days since my hubby passed unexpectedly, there's real estate, & 2 vehichles. Myself & his 2 bio daughters. Plz help

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2020

There is no law that says that you must utilize the services of an attorney to prepare and file an affidavit of heirship. However, if you do not know how to do this yourself, an attorney can be extremely helpful in preparing and filing the documents for you. More importantly, however, an attorney... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Me and my siblings were all notified about a distant relative passing away and that she didn't have a will.

Me and my sister obtained a lawyer but our brother did not. Is he now excluded from any inheritance or would the estate be equally distributed?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 6, 2020

The relatives estate will be distributed to his or her heirs regardless of whether they are represented by an attorney.

2 Answers | Asked in Probate for Missouri on
Q: My mother just passed away in Missouri. Her estate is just debt. Do I have to do anything legally?

Is there a legal obligation to get involved in her estate? I prefer to let nature takes it's course.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2019

If she doesn't have any assets that need to be retitled, there is nothing you need to do.

View More Answers

2 Answers | Asked in Probate and Estate Planning for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

View More Answers

1 Answer | Asked in Criminal Law and Probate for Missouri on
Q: What is the best way to get my sons car that was TOD in his name from someone who has it and has forged the title?

My sons dad passed away leaving his car to our son, naming our son TOD on title. The car not only was not returned to him but later,forged the title. I can't afford a lawyer. What else can I do?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2019

Start by taking your son and the paperwork that you have to your local motor vehicle department and explain the situation to them. Also file a police report for auto theft.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can 1 sibling be appointed as POA and executor of their mother's will?

My mother wasn't in her right mind ever since her stroke. My sister moved in with her to help take care of her. While there she manipulated our mother by placing herself as the POA and executor of her will.(never filed in court)She then had our mother put her name on everything including the... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2019

It sounds like you are saying that the power of attorney that your sister used to transfer everything to herself was obtained through the use of undue influence and, in any event, your mother did not have sufficient mental capacity when she signed it. Those are grounds to have all of those... View More

2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: Can an heir have everything put in their name then refuse to settle everything equally among the other heirs?

My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2019

If your fiance thinks he might have enough evidence to convince a court that the sister in possession of the house obtained titled by fraud, misrepresentation, duress or undue influence, he might be able to get the deeds and other transfers to the sister set aside and the property restored to his... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: My mother passed away in nov. 2018, there is my sister, brother and me. My sister was POA. Also she was The executor. My

mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... View More

David S. Schleiffarth
David S. Schleiffarth
answered on Aug 20, 2019

For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.

*This response is the opinion of the author and is intended for educational purposes only. It does not constitute legal advice, nor does it...
View More

1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on
Q: Am I in someone's will?
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2019

There is no way for anyone in this forum to know.

1 Answer | Asked in Probate for Missouri on
Q: My mother passed in December of 2018. I am having problems to fill out probate paper. I have no idea how to fill it out.

Its just her car. Someone please help!

Ben F Meek III
Ben F Meek III
answered on Apr 10, 2019

Most states have "small estate" affidavits or affidavits of heirship that permit heirs to transfer car titles, obtain cash from banks or insurance companies, etc., as long as the heir will swear under oath as to certain facts such as: names and addresses of all of the decedent's... View More

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: I was evicted from my mother's house by my sister who is my mother's poa and she will not let me get my property

My sister is my mother's power of attorney we had a two-family house I live downstairs she lived upstairs we both helped take care of my mother she ran my mom's credit card up to $27,000 and wouldn't pay it so they sued my mother I told the family about it and she evicted me and my... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 26, 2019

You could hire a lawyer to contact your sister, threaten to sue if necessary, and seek to get you access. It will cost you money to hire an attorney but if you really have $40k worth of property there, you'll do so.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Missouri on
Q: Filing a show-cause order on previous owner to answer why they should not pay repairs they knew existed

Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 19, 2019

As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on
Q: My family is trying to take me to court over my grandmothers trust I borrowed money and they say I stole it

Her investments and money was split 50% to my aunt and other 50 split between my brothers and me . I borrowed money w a promissory agreement . They say I stole money etc. I’m a trustee they are not. But my personal situation hasn’t been the greatest . Don’t wanna lose my house . They were... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2018

You didn't ask a question but if you want to know what you should do, I suggest you hire an attorney to represent you. This sounds like serious allegations against you.

You stated that the family is "trying" to take you to court. I'm not sure what that means. If they...
View More

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: I bought some property when I was single, now I'm married. At my death does my property have to go threw probate?

My wife's name is not on the deed and I need to know if she retains ownership automatically by right of survivorship or does it have to be probated since her name wasn't on the deed prior to being married ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 13, 2018

Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: my sister has passed she did not have a will but my niece was power of attorney she says but I have not seen the papers

Does she get every thing or does my brother and I get it.We are the only siblings left

Lydia Seifner
Lydia Seifner
answered on May 28, 2018

Without a will, (an assuming she was not married), your sister's children get everything.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant for Missouri on
Q: My mom died and my son and i lived w her for 10 yrs. My dad said today I have 3 hrs to get out, can he do that
Lydia Seifner
Lydia Seifner
answered on May 16, 2018

If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My Mother passed Easter Sunday, her BF died 5 months before. He left her his house new car and money. Plus my Mom's

house and car. My sister wont tell me about the will and her son is telling me I'm rude for asking, I suffer from PTSD and don't want a fight. Do I need to pursue this? Or just let them have everything? (Mom has a beautiful home full of gorgeous antiques. There are things Mom was gonna... View More

Lydia Seifner
Lydia Seifner
answered on Apr 17, 2018

Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My mother just died and my brothyer is getting everything. Is that right?
Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.