Legal Question in Wills and Trusts in Missouri

Removing a debit filed in probate court

I have paid for my brother's burial plot (and funeral) from out-of-pocket, then filed a claim against his estate for a refund. But now I do not wish for the estate to pay me back, but the claim has already be posted against the estate by the court (in MO). Can I withdraw the claim or am I now legally bound to accept reimbursement if the court says so? If it happens that a check is received by me before I can withdraw the claim (if allowed) can I refuse cashing it? In otherwords, if I wish to maintain the rights to my brother's grave, rather than give it back to his widow who initially wanted nothing to do with him, am I now obligated to give back my right just because I filed this claim? She never never had ownership of the plot at all, if that is of signficance. Thank you.


Asked on 2/10/03, 5:54 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Removing a debit filed in probate court

I do not believe that your obtaining reimbursement from the Probate Estate will vest any ownership interest in the Widow. If you purchased the plot then there will be a deed in your name. I hope that this helps. Check with the Probate Court or consult with a Probate attorney in your area.

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Answered on 2/10/03, 9:20 pm


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