Legal Question in Family Law in Missouri

I am not sure where to go with this problem. My mother passed away on April 1, 2010. She put my brother in charge of the house and wanted the house sold and proceeds split amongst 7 children. The house was appraised at $49,000, with each child receiving $7,000 after sale. He decided he wanted to keep the house in the family, so offered to buy everyone out for their share. After 2 months of remodeling and updating, 2 siblings requested their share. He refused to give them a cent and then sold the house to the 2 sisters that wanted to keep the house for $1. One sibling is renting and the other is living out of his car. Are they entitled to live in the house or should they file legal action to recive their share worth? After consultation with an attorney, he said the brother was the administrator of the estate and it was his responsibility to fufill the wishes as outlined by the deceased. He was sent a certified letter outlining his responsibilities and proceeded to sell the house for $1 to remove him from further action. Are the 2 sisters now liable to proceed with the wishes of the deceased? This had all been proposed and agreed upon at a family meeting after the burial of the deceased. Everyone in the family knows what the parent wanted and no one disagreed at the family meeting. Currently, one of the sisters has her son living in the house, and plans on his girlfriend moving in after the first of the year. Two of the siblings have recieved partial payment and 2 have received nothing. What is the best course of action? The brother that sold the house for $1 owns 9 houses and wanted to make sure nothing could be done against him. Can there be a new administrator for the estate be decided by the family? The deceased also left a 2000 Ford Taurus which no one received anything for and he gave that to his son. One sister also gave him $3000. which the parent had left with her. No one recieved any share of that either. The house is furnished with appliances, furniture, collectibles and family memorabilia that was not split or given any financial compensation for. They will not allow any family members inside the house to gather any family heirlooms that were promised by the deceased, mostly because the son of the sister has a pit bull inside that has already bitten one family member. All phone calls and letters to settle this matter have gone on deaf ears. Where should the family turn?


Asked on 11/27/10, 12:23 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Assuming that an estate was opendd for your mother, you need to contest the activities of the Personal Representative (your brother) and ask that the transfers be disallowed. You may have to also ask the the Personal Represetntaive be made to compensate the heirs through the bond he posted with the court (assuming you all did not waive the bond) If no estate was opend for your mother, you shoudl do so quickly. You only have one year after the date or your mother's death.

Good luck

Read more
Answered on 12/03/10, 11:44 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri