Legal Question in Wills and Trusts in Missouri

My ex-husband passed away last month and left some things to our son. Now the step-family will not release the items to him and are telling him that he has no right to anything that is left there. The items were handed down from grandparents and great-grandparents and the list was shown to our son prior to his dad passing. Do we have a chance of taking this to a court and getting the property?


Asked on 4/05/12, 10:09 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your ex husband's estate will be divided half to his surviving spouse and half to his children not of that union. Except, his surviving spouse can opt to hold certain things. Household contents can be one of them. If you Son is eighteen or ol;der, he can Petition for letters to be the personal represntative (sometimes call executor in other states) of his father's estate. That way he gets to inventory all the stuff his Dad had at death and districute it among the heirs. If he does nothing, his step relatives will do waht they want with his father's stuff.

Your Son needs to consult directly with a probate attorney in the county where he or his father lived. Many offer a free or low cost initial consultation.

Good luck

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Answered on 4/05/12, 9:22 pm


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