Legal Question in Wills and Trusts in Missouri
Discovery of Assets filed in Probate
My best friend died and his father thinks that I took things along with a few other people and I was served with papers and named as a defendant along with everyone else in this discovery of assets. All they have to back up thier frivolous lawsuit it that they ''think'' these items were his. That is it. So my question is what if I don't file an answer to these papers? Or maybe file it myself since I can not afford an attorney.
2 Answers from Attorneys
Re: Discovery of Assets filed in Probate
Do not lie. If you have the Decedent's property, then report it accurately. If you do not have the items described, then tell the court. If the items did not belong to the decedent, then tell the court. Also, do not ignore the pleading. The person bringing the discovery of assets action has the burden to prove that you have assets that should be in the decedent's probate estate.
If you cannot afford an attorney to represent you at court, you might be able to hire one to help you prepare your Answer for less.
Good luck.
Re: Discovery of Assets filed in Probate
If you do not file an answer or a response to the pleadings you were served, you will be found in default and the items against you will be decided in the plaintiff's favor. You could be out the items described in the pleadings plus money for costs, etc.
I would recommend that you hire an attorney to represent you. These discovery of asset proceedings are adversarial and you need to know what you are doing.
Good luck.
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