Legal Question in Wills and Trusts in Missouri

My mother passed away a year ago without a will and no assigned Executer, with 5 surviving children. We all agreed that my oldest brother would handle her estate. She had 2 pieces of Real Estate that were titled TOD on one and Right of Survivorship on the other (these went to 2 of the children). She had cash that we divided between 2 other children. The remaining child received the family business many years ago. There is absolutely no dispute by any of the chidren of the division of her estate, as we all knew her wishes.

Our problem is that she had an IRA through Prudential Annuities ($27,000) with a Beneficiary of "The Priestly Order of St. Peter". My brother sent them a copy of the Death Certificate and they have responded that there is no organization with that name, so they will not release the funds and because my brother is not the Executor, they will not correspond with him concerning this matter. Is there anything that we can do to recover this money? All of my siblings agree that if the organization cannot be found, it should be divided between my 2 sisters. We don't think that it is right that Pridential keep the money because of an error when my mother set up the account. We are not sure what to do to resolve this problem and absolutely want to avoid Probate.

Thanks,

Mike


Asked on 7/08/10, 2:08 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It sounds like the probate court is exactly who you need. If it has been more than a year since yrou mother passed, then it is too late to open an ordinary estate for your mother. However, you Petition the Probate court to determine the heirship of this IRA. Either you can find the charity your mother intended to give the funds to, or her surving children (minus the 2 sisters) can disclaim the property, so that the two sisters get it. Go see a probate attorney either in your brothers area or in the county where your mother lived.

Good luck

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Answered on 7/08/10, 6:12 pm


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