Legal Question in Wills and Trusts in Missouri

We are losing much of our family farm to a step-relative because my mother did not have a will. While we have accepted this, the step-sister is now selling my deceased mothers' personal property at an estate auction (our step-father recently died). We cannot get the auction stopped, but can we pass out flyers (or verbally ) let people know the situation? These are items that do not have a lot of monetary value, but are sentimental to my family. The wicked step-sister is only trying to make a few bucks and told me she has a legal right, as my step-fathers personal rep, to sell anything she wants (including my old toys, pictures, ect.) I live in a very small town and most people know my situation. I know it is legal to picket an business, but what rights do I have at a public estate auction?


Asked on 4/30/10, 1:33 pm

1 Answer from Attorneys
Anthony Smith LawSmith

There appears to be no reason that you coudl not distribute leaflets or put up signs that tell your plight. You cannot distrub the peace or poise a physicla threat to anyone, nor may you trespass. But, why have you assumed that you get nothing because your mother did not have a Will? When a person dies, their estate is generally split between their surviving spouse and their children that are not also children of the surviving spouse. Perhaps some of what your step-sister wants to sell is already yours. Get to a probate attorney in your area ASAP. There is a limited time after the deth of the parent, in which to make your claim. After the sale, it will probably be too late to do anything.

Good luck

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Answered on 5/07/10, 4:45 am


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