Missouri Probate Legal Questions

You can file a grievance with the state bar, including a copy of the engagement agreement and an affidavit that the Will was never produced. You can hire someone else to probate your father's estate as an heirship proceeding. While someone can be subpoenaed, that can happen only if there is an active court case.  No one can be forced to tell the truth.  ... Read More

I'm sorry for your loss.  Adopted children are treated the same as biological children under the probate law, if that is your question.  If someone dies without a Will, the law of intestacy for the state where that person lived applies.  If your mother did not leave a husband/domestic partner, then her probate assets should be divided among her living children as well as the children of any deceased children.  Probate assets are those that were in your mother's name alone with no named beneficiaries.  Life insurance, for example, is not a probate asset usually because there is a designated beneficiary who is to receive the policy payout after the insured person died. It sounds like your mother had a joint checking account with your sister.  This also is not a probate asset as joint accounts are considered to be owned by both people, no matter whose money is was originally.  Upon your mother's death, the account became your sister's automatically.  If you are concerned about getting your share of your mother's personal property since your sister has the key, I recommend sending her a written request to visit your mother's home again or even requesting certain items.  As you both are dealing with your mother's death, it may be helpful to put aside judgments and criticisms in favor of understanding that grief affects all of us in different ways and that your relationship may be more important than this temporary situation of dividing your mother's things.   ... Read More

It depends on the circumstances, but there seems to be a fair argument that if two names are on a receipt for personal property and one dies that the other is now the owner.  You would need to deal with the person appointed by the probate court to administer the estate.  If that person is agreeable, you could move the shed.  If not, you would need to petition the court and make the argument of why it belongs to you and should be moved.  Good luck.... Read More

The courts prefer the executor lives in the state, because it is easier for communication, signatures, court appearances and the costs of all that. But it is not required. However, if the person nominated lives out of state he or she must designate an in-state person or company to handle the fiduciary duties of administering the estate. From the Missouri code: 473.117.3. Before a nonresident of this state or a corporation organized under the laws of another state or country is issued letters testamentary or of administration he, she or it shall file in the probate division of the circuit court a designation, including the signature and address, of a resident of this state, or a corporation of this state authorized to administer trusts, as agent for the service of process on and the receipt of notice by such nonresident or foreign corporation. This designation shall be recited in the letters testamentary or of administration. Such a designation may be revoked only by a new designation of an agent for service and notice in this state, which shall be endorsed on the letters testamentary or of administration. By filing such designation, the nonresident submits personally to the jurisdiction of the court in all proceedings relating to the administration of the estate and to the performance of his fiduciary duties until discharged of those duties by the court. (L. 1965 p. 634 §§ 1, 2, 3, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145); http://www.moga.mo.gov/statutes/chapters/chap473.htm To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

I usually suggest filing probate, as if there is no will, in a case like this. That is, assuming there are assets to fight over. If so, file for probate and force them to produce the will. Certainly, if there is a will they will bring it forth then.  I encourage you to find an experienced probate attorney, in your area, as there are lots of steps to take before filing. Among other things I usually check the public records to see if there is real estate in the name of a trust. If there is a trust then the rules are likely different than a normal probate situation. In any event, good luck to you!... Read More

Dear MO, Yes, property can be sold while in probate, both real and personal.  Sometimes it is necessary to sale property due to liquidity being needed by the estate to pay creditor claims or to make cash bequests to heirs as outlined in will.  How much the Court is involved in any such sale of property depends on whether probate is Supervised or Independent.... Read More

If the will was probated, it would be on file at the county office where the person died or resided.  If it wasn't, the attorney who prepared it may have a copy.  If it wasn't probated and you don't know the attorney who prepared it, you're probably out of luck unless a family member has a copy and is willing to share it with you.... Read More

Transferring a house by deed may work. There are different options in different states. In California, where I practice, that's not the best way to do the transfer.  It's always best to have a will for many reasons.  Among other things a will is the fullest showing of a decedent's intention.  Also, by transferring by will there will be a full step up in basis for capital gains tax purposes.  There are likely other reasons as well but that's a good start. Talk to an estate planning attorney, in your area, as it's very easy to make mistakes which cause your plan to not be followed or create problems after death.  Good luck.  ... Read More