Legal Question in Wills and Trusts in Missouri

my grandma passed away 2 1/2 years ago and had a will saying everything went to my brother but no one found until this may well my grandpa (her husband) just passed away Nov 20th and he didnt have a will and before the corner even came and got my grandpa and my aunt moved in.... and refuses to leave and the lawyer says since we dint claim the will within a year after my grandmas death theres its no longer good... is there anyway of getting around that and is there anyway to make my aunt leave his house


Asked on 11/28/09, 10:41 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It appears that it is too late to submit your grandmother's will to probate. It appears that whatever property your granmother had passed to your grandfather (unless she had childrne that were not his). Now that your grandfather has passed, his estate may pass via a will or through intestacy. If someone applies for letters to be personal representative of your grandfather's estate, they can charge your aunt rent, or move her out to get a renter in teh house, or perhaps sell the property. This is if she does not stand in the strongest position as an heir at law.

Good luck

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Answered on 12/03/09, 11:13 pm


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