Legal Question in Wills and Trusts in Missouri
what are the pros and cons of probating an estate in Jackson County Missouri a realitive died owing me over $5000. He has no will but he leaves about 5 paid off vehicals, some property worth around $50,000 paid off but owes alot of money to creditors. what kind of money are we looking at to force into probate. he has a wife but she is not going to probate his estate. she is also selling off all his proberty even though its tiltled in his name only.
1 Answer from Attorneys
This is a tough one to answer without more specifics. First, how is the widow selling stuff that is only in the decedent's name? Is she forging his signature? Does the amount owed to creditors exceed that total estate? Is the wife also obligated on the debts? Did the wife receive anything through joint ownership or beneficiary designation? Why is the widow not probating the estate? Is she just walking away from it? What is the date of death?
From your point of view it seems that you will get your $5,000 back, presuming that the total value of the estate is more than the debts. You could also be appointed as personal representative (executor) and be paid a fee for doing that work.
If you want to visit with us in person we're in Kearney -- about 25 minutes from either of the Jackson County Courthouses. Our email is [email protected]
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