Legal Question in Wills and Trusts in Missouri

I live in a Missouri and my father recently passed away. There is no surviving spouse and no minor children. There are no assets (had been on fixed income, with no money in bank accounts, did not own house, or etc) except a vehicle which was secured on a personal loan. The vehicle is in rough shape and probably only worth a salvage price at this point. The personal loan company has indicated they are not interested in recovering the vehicle and will release the title with statement of such. My siblings would like to give the car to my family for teenage driver's first vehicle. Of course it will need some dollars invested. Generally speaking, is probate required in this type of situation?


Asked on 3/31/11, 8:57 pm

1 Answer from Attorneys
Anthony Smith LawSmith

I am sorry to hear that yrou father passed. My condolences to you and your family. Once the anniversary of your father's passing has expired, you may do a determination of heirship with a waiver or disclaim from your siblings. This is through the probate court, but is rather simple. wihtin the first year after yrou father's passing, you may need to do a small estate through the probate court, to pass the vehcile. This is really more a question of what the Department of Revenue will require before they will allow you to get tags on it for your Son, then it is a probate question. You might call them to see what hoops they want you to jump through. Perhaps you won't need to do anything through the probate court.

Good luck

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Answered on 4/01/11, 9:49 am


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