Legal Question in Wills and Trusts in Missouri
Guardianship
My mother was declared incompetent when I was a minor child 37 years ago. My anut took over guardianship of my mothers
finances. She has recentelly passed away and I am not 50 years old but my aunt still remained as my mothers guardian.
Is my aunt entitled to any monies or pocessions just because she is her legal guardian or are her children entitled to her estate even though my aunt is still her leagal guardian?
1 Answer from Attorneys
Re: Guardianship
The fact that your aunt served as legal guardian for your mother does not entitle your aunt to any part of the inheritance. If your mother was able to prepare a Will before she became legally incompetent, then the terms of the will would dictate. Otherwise, the statute of descent and distribution will control who shares in your mother's estate and how much each heir will take. If you are not already represented by legal counsel and you are in need of legal services, you may call me for a free telephone consultation at 314-727-2822.
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