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Missouri Probate Questions & Answers

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 house,... Read more »

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 which is... Read more »

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 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 create an...
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1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on

Q: Am I in someone's will?

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 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 heirs, that all... 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 girlfriend and... Read more »

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 to... Read more »

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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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... Read more »

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 have already filed a...
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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 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 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 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 give me but... Read more »

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 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.

1 Answer | Asked in Estate Planning and Probate for Missouri on

Q: I was married to my husband for 13 years, until his death. He was sick with oxygen 24/7 and many other medical treatment

for at least 12 years of our marriage. His children saw him very few times in all those years and never participated in his care. They took him from a re-hab he was in Nov. 25, 2018, and I never heard from them or him again. I had help trying to find him. AND on Feb. 8th the sheriff told me he... Read more »

Peter H. Westby answered on Feb 14, 2018

You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.

1 Answer | Asked in Probate and Estate Planning for Missouri on

Q: Do I have a right to my deceased grandmothers things?

My grandmother passed away and of her 2 children (my dad and my aunt) my aunt took everything. Now my father is also deceased and i am the next of kin. Do I have a place to try and get the other half of what was left from my grandmother when she passed?

Lydia Seifner answered on Feb 1, 2018

Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his inheritance,... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on

Q: My grandma passed away. My aunt went through the house and took everything out before will was read. What can I do?

Kristi Burmeister answered on Jan 27, 2018

Sorry to hear you are having to deal with this. What your aunt did was illegal, assuming she is not legally entitled to the items. If she will not cooperate with you and return the items so that they can be distributed pursuant to the will, I recommend that you contact an attorney for legal... Read more »

1 Answer | Asked in Probate and Criminal Law for Missouri on

Q: im 18 years old im currently on probation in Missouri am i able to move in with my boyfriend?

i feel if i live with my boyfriend i have more opportunities to get a job and live on my own there fore i am an adult in mo i should have the right to move.

Kenneth V Zichi answered on Jan 24, 2018

As a legal adult who has not been declared legally incapacitated you can live where-ever you want.

Assuming you can financially manage that living situation. AND assuming it is OK with your probation order.

Without seeing the probation orders it is impossible to say for sure, as...
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1 Answer | Asked in Probate for Missouri on

Q: three siblings received death benefits from a life insurance policy. Nursing home is going to probate court to revcover

What happens if none of the siblings go to probate court hearing

Kenneth V Zichi answered on Dec 13, 2017

Just 'not showing up' for a court hearing is a recipe to allow the court to find against you for no reason since there is no defense raised! Don't do that. Seek local legal representation to determine what you SHOULD do instead.

Don't 'just ignore it' -- it won't go away and you won't...
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1 Answer | Asked in Estate Planning and Probate for Missouri on

Q: My 19 year old single daughter passed away intestate in St. Louis.

She had no assets except for the clothes on her back. Her only debt are the hospital bills that insurance did not pay. Does an affidavit for collection of small estate still need to be filed? If so, who is required to file and what are the consequences of not filing? I am her father and have no... Read more »

Ben F Meek III answered on Jul 29, 2017

A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or... Read more »

1 Answer | Asked in Probate for Missouri on

Q: My mother passed away and we had CD's in both of our names. However, the bank is asking for a Letter of Administration

In order for me to cash out the CD's I need a letter of Administration before I can do this. I was told by Fort Bend County Clerk that I need a lawyer to process the papers for me. Can you tell me how this works. I do not need representation right I just need the papers to file with the county... Read more »

Kenneth V Zichi answered on Jul 26, 2017

No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this forum either.... Read more »

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