Legal Question in Wills and Trusts in Missouri

Letters to Determine Heirship

My brother died in 2003. I consulted with two attorneys and one paralegal about 90 days after his death and no one informed me I only had 1 year from the date of death to file the estate into probate (he died without a will or trust according to my sisters). As far as I know all of the money he had in his bank accounts is still there since it is my understanding those funds cannot be removed without an order from the court. My sisters told me that no beneficiary was named on those accounts. I have since been told by another attorney that I can apply for letters to determine heirship in court to liquidate those accounts so that they can be equally divided between myself and my sisters (no wife, no children), but the fee I was quoted is equal to the share I would receive if the money is indeed still in the banks. Can I represent myself in such a proceeding, and if so, where can I locate the appropriate forms? Thanks for your help.


Asked on 9/30/06, 10:52 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Letters to Determine Heirship

In most cases you would be better off hiring an attorney to handle this matter, but if you are unable or unwilling to do so, then you could go to the probate court and ask the clerk to provide you with the approriate "form" if they have one. Then you could read the statutes and the rules of civil procedure and the local court rules, and so long as you do everything right there should be no problem. Good luck.

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Answered on 9/30/06, 11:37 am


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