Legal Question in Wills and Trusts in Missouri

A now deceased person who filed a claim against another estate

My aunt (who was alive at the time) filed a claim against her boy friends estate (she paid for his funeral). Now she died the day before I could pick up the check for the claim (I had POA whic is null upon her death). Now the lawyer is saying that I need to go to probate and fill out a small estate claim. Why? Can't I just get the money and close the claim? The amount is less than $6,000.00

Thanks


Asked on 4/21/04, 3:47 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: A now deceased person who filed a claim against another estate

The problem is really that the person handling the boy friend's estate can not legally just pay the money over to you since the owner of that money is your Grandma's estate. The lawyer who advised you to open a small estate in the probate court gave you good advice. Are you located in the greater St. Louis metropolitan area? If so, and if you need any help, you may call me at 314-727-2822.

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Answered on 4/21/04, 11:30 pm


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