Legal Question in Wills and Trusts in Missouri

Father is passing

My fathers death is imminent. I have lived in CA for 22 years. My sister (only sibling) is in MO. I am afraid she could possibly do something fishy. She mentioned something about taking the will out of probate to avoid fees to the state and to our family attorney, but that our family attorney is dragging it out. What does she mean? What should I be looking for? How can I avoid getting ripped off?


Asked on 4/10/08, 10:35 pm

2 Answers from Attorneys
John Gibson

Re: Father is passing

It sounds like your sister, father, and/or family attorney are trying to setup a trust for your father's estate. I recommend you contact your sister and/or the family attorney (or father, if possible) to find out what is going on.

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Answered on 4/10/08, 11:15 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Father is passing

You only open probate after your father has died. If you father has assets without beneficiary designations or join holders and doesn't have a trust, then you will probably have to open probate to transfer them to the beneficiaries. You should get a copy of your father's estate plan as soon as possible. You might also consider itemizing his assets now. It would be a good idea to know where they are held (ie., name of bank). make sure the family attorney has your current contact information.

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Answered on 4/11/08, 1:20 am


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