Legal Question in Family Law in Missouri
Biological father passed away. Am I entitled to be executor?
My mother and father were married until I was 10. He was an abusive alcoholic and was not allowed around us. He eventually signed over his rights to us, my mother re-married and my step-father adopted us when we were teenagers. I kept my fathers last name. My biological father just passed away without a will. The family is trying to contact me about my rights as the executor. Can someone please explain my rights under Missouri law?
1 Answer from Attorneys
Re: Biological father passed away. Am I entitled to be executor?
I am not a Missouri lawyer, so if you're needing information about Missouri law, you need to post in a way that your inquiry is directed to attorneys who are licensed in that state.
I can tell you that typically, in any state, where there is death of a parent, and there is no will, one or more of the biological children are usually the ones who will end up being the Administrator of the estate. It does not have to be that way, and an offspring does not have to consent to administer the estate. It would seem, based on what you've said, that the family wants an estate opened and you're the logical choice to be the administrator of the estate. You could go down there, find a lawyer, and open an estate and name yourself as administrator, unless an estate is already opened (does not sound like it, from what you're saying).
Suggest your contact a lawyer down there and discuss it with him/her.
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