Legal Question in Wills and Trusts in Missouri
we just don't know
Man dies. No will, no trust. One daughter. six stepchildren. All he owns is one house. Still owes 32,000.00 on the house. Daughter though 24 years old still lives at home. Six stepchidren have all defered to daughter. Have no idea where to proceed. Does daughter owe all of fathers past debts ie. medical bills,utilities. Should she wait for probate to pay. will she get the house or is she going to lose everything,and then some.
1 Answer from Attorneys
Re: we just don't know
If the man was unmarried at death, then the stepchildren have no right to the estate. If he was married, and his daughter is not also her daughter, then the two women will split most items. Surviving spouse gets most of the things that people normally recognize as part of the decedents' estate.
Unless they somehow otherwise agreed to, the decedent's daughter, spouse or stepchildren are not perswonally responsible for the decedent's bills.
There will be no action by the probate court, to transfer any of the decedent's property, until there is an estate opened. There will be no estate opened until someone applies for an estate to be opended. Perhaps the surviving daughter would be a good choice, if there is no surving spouse.
Good Luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
