Legal Question in Wills and Trusts in Missouri

My Mother and Step Father had another child. Our Mother passed 30 years ago w/ a joint will. Step Father passed this October. The will was read leaving me nothing. Assets were joint between My Mother and Step Father. He put everything in his childs name before he passed. What is my recourse?


Asked on 1/13/12, 10:15 am

1 Answer from Attorneys

Anthony Smith LawSmith

You may have a few options. Since you and your step-sibling are not blood related, you may have retained some property rights in your mother's estate at the time of her death. When someone passes their property gets somewhat divided between her surviving spouse and her children that are not of that spouse. Yoru stepsibliongs portion went to their Dad at the tiem of Mom's death. You may be able to file a Petition to Determine Heirship. The time since Mom has passed may make some it dificult.

You said they had a "joint will" but did nto describe wht you meant. If you are saying that they had one will that was to act as the will for both of them. If it said, that you get nothing, then you may get nothing, under the will. But, if they had seperate wills that referred to each other's then you may be able to say that they had contract not to make subsequent wills that differ. If the will say "house A goes to both kids" then his trying to trnasfer ownership of the hosue to one child, may violate that contract. You might get such transfers reversed based upon that.

If your mother's will provided for you, and yrou Step Dad's will allowed him to give away everything, you might be able to have some of the transfers reversed. You might even be able to make aclaim agisnt the attonrey that drafted your mother's will.

These things are very fact dependant. I've tried to highlight some of the p[ossibilities. You need consult directly with a probate attorney in your area soon. Allow them to get all the information you don't have space to provide here. They may be able to advise you as to your options. Don't delay, as some actions have a short time in which they can be done.

Good luck

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Answered on 1/16/12, 2:46 pm


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