Legal Question in Wills and Trusts in Missouri

Our mother recently passed away and in her will, all insurance, bank accounts and assests are to be divided between five siblings. My one sister is the excutore ? of the will. The problem is that one brother is estanged from the family. He has always been a problem. He presently has a restraining order against him to stay away from my mother, my one sister and my mother's home. That is to let you know how bad the situation is with this brother. When he was informed that our mother had passed away and was to be cremated. He got mad and said she was going to hell. He was informed that on Mothers Day we were going to the river in downtown St. Louis, Mo., to put our mother's ashes in the river per her request. He never showed up for this. Our mother also for some unknown reason left her car to this brother. He has no source of income and no driver's liscence. The car could be used by a niece. So you see our problem. This brother will probably never claim any of his part of the estate. How can we force him to claim it or surrender his rights to his share estate or the car? We do not want to wait forever for him to make a descision either? Can you tell us the best way to address this problem? Keep in mind that even conversersing with this brother will be a problem in itself.

Thank you for any help you can offer.


Asked on 6/08/10, 11:18 am

1 Answer from Attorneys
Richard Herndon Richard J. Herndon, Attorney at Law

Several things. First, if there is a will, and if your sister has been appointed by the Probate Court as the Personal Representative ("executor", commonly) then these are questions probably best answered by the Attorney representing her in the estate. If the brother doesn't accept the car, and won't "disclaim" it, then, there would likely have to be a motion and hearing in the Probate Court.

If the will hasn't been admitted to probate, then you need to see an attorney to get that process started, and then deal with the issue.

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Answered on 6/09/10, 6:27 am


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