Legal Question in Wills and Trusts in Missouri
My father recently passed away. So far, we've found no will or anything to show who he's left anything to. He lived with a woman for about 15 years who says she's "not part of the family" but is refusing to let my brother have any of my father's things to try and see if there was any will or documents left behind as well as not allowing him to have any of my father's personal belongings that are at her house. In fact, she's even getting ready to auction off all this things!!!
I live in England and cannot really help my brother with this matter but thought maybe I could get some advice to help him out. He has an attorney but he doesn't seem to be doing much of anything to help my brother either.
So I guess my question is, what rights does my brother have? Can the "girlfriend" sell all my father's things or should they all go to his next of kin (my brother and I)?
2 Answers from Attorneys
The recommended courase of conduct is to open an estate for your father pursuant to the laws of intestacy your father's children are his legal heirs. By openning an estate, you will be able to legally force disclosure of assets through a "discovery proceeding" and obtain a court order for recovery of property.
First, if your brother's lawyer is not doing much, then perhaps it's time to get a new attorney. There are lots of us around.
If your father lived in Missouri, then the woman he lived with is not his wife, there is no "common law" marriage in Missouri.
It seems as if a probate estate needs to be opened, and this needs to be done quickly.
The problem, perhaps is that it may not be worth the cost to pursue things. If all we are dealing with is personal property, the market value of those items is normally rather low - it's the sentimental value that matters. If there is more than personal property -- real estate, for instance, then that's another matter.
Absent a will you are correct -- everything your father owned should ultimately go to his living children.
Another issue is proving just who owns what inside the house.
As a practical matter, your brother could inform the auctioneer that the girlfriend has no right to sell the stuff -- that will likely cause some problems.
In what county did your father live? We may be able to help if you wish.
Email us if you need more. [email protected]
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