Legal Question in Wills and Trusts in Missouri

My brother passed away suddenly - he was living with my mother - but still legally married. He had a truck - solely in his name. (-probably not worth more than $1000) my mom wants to get rid of without going to probate. Is this possible??


Asked on 4/10/13, 7:46 am

1 Answer from Attorneys

Anthony Smith LawSmith

I am very sorry to hear about your Brother. You have my condolences. Under the facts you described, your brother's surviving spouse, would be the intestate heir, if not his child(ren). There is a process by which heirs at law, can have small estates pass property without the need for a full estate. In order for your mother to pass title to a purchaser of the truck, legally, she would have to go through your brother's wife or children.

Good luck

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Answered on 4/10/13, 8:30 pm


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