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Missouri Probate Questions & Answers
1 Answer | Asked in Probate for Missouri on
Q: My brothers lied about my father's assets in probate. They taken everything. Where do I start? His estate half a mil pl

They have financially ruined me. I guess hoping I won't be able to get a lawyer. What do I do? Can I do anything?

Nina Whitehurst
Nina Whitehurst answered on Jul 3, 2020

You need to schedule a personal consultation with a probate attorney right away just in case it’s not too late to intervene in the case. If you have sat back and let it happen it might be too late but you won’t know for certain until you have explored all angles with a probate litigation attorney.

1 Answer | Asked in Probate and Estate Planning for Missouri on
Q: My husband's mom just passed away. Her house was only under her and her deceased mom's name. My husband's dad and older

Sister are the survivors. His dad and sister want nothing to do with the house so every one wants to put it in my husband's name. However, she left no will no beneficiary, nothing. What do we do from here?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Hire a competent attorney to search the title. You will probably need an Affidavit of Heirship, and a Quit Claim Deed for the other Heirs to convey their interests over to your Husband. He will need to immediately start paying taxes, and any mortgages.

1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... Read more »

David S. Schleiffarth
David S. Schleiffarth answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I live with and care for my grandfather. He has no will. How do I keep living in his house? What do I do?

No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:

I am POA medically and financially for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 4, 2020

Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: Hey f my landlord dies and his sister shows up asking for rent money while the property is still in probate

I also don’t have a lease what should I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

If you owe rent you should pay it. Just make sure you have proof of payment, like a receipt or canceled check. If you know which attorney is handling the probate you should contact him or her to find out who to pay.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on
Q: when will the state take assets?

My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2020

Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.

This is so sad because, had your mother or, even...
Read more »

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... Read 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... Read 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... Read 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... Read 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
Nina Whitehurst 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... Read 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
Nina Whitehurst answered on Dec 10, 2019

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

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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... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

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

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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
Nina Whitehurst 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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read 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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

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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... Read 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...
Read more »

1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on
Q: Am I in someone's will?
Nina Whitehurst
Nina Whitehurst 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... Read 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... Read 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... Read 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.

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