Legal Question in Wills and Trusts in Missouri

My father just passed away intestate in Missouri. I am an only child. I know we will have to go through probate---do I have to have a lawyer to start the process? what are my responsibilities for any outstanding debts (his mortgage loan, two car loans, credit card) and how can I get info. as to how much these debts are?


Asked on 8/15/10, 6:24 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If you have not already done so, get the mail stopped. Thieves read obituary listings and llok for overflowing mail and newspapers. In Missouri, the courts assume that nobody had just one child. As your attorney will explain, you will need to put notices in a legal newspaper so that your father's creditors (and other possible heirs) can have an opportunity to raise their claims.

An heir or creditor have a year from the date of death to open a probate estate. After that, the heris can get property through a determination of heirship. You may opt to wait an ddo this rather than open an estate. But, you personally, probably do nto owe a ny of yrou father's bills. But, anyone who has asecured interst, still does. If the mortgage isn't paid, then the lender may be able to foreclose. If the car note is nto paid, the vehicle may get repossessed. You should consult direcltuy with an attorney in yrou area. so that you can determine if you want to employ an attorney to open an estate.

Good luck

Read more
Answered on 8/23/10, 12:56 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri