Legal Question in Wills and Trusts in Missouri

Sister signed my name to probate

My father died last May. He had told me that he had a will, long story short after my sister was in the house there was no will. She had a power of attorney but it did not superceed death. She and one brother only put limited things thru probate and what was put thru was grossly undervalued. She signed my name to the probate after it was released. I have recieved nothing out of it which was to be split evenly between the 4 children. I do not know how much his pension thru thr union paid out. I do know there was another life ins. policy that came up missing.Sister said it was in her name. She would not even say what was in his safe deposit box. The house was to be left to me for me and my children. He never signed the deed over. It was titled in his and my sisters name. Now she won't sign it over to me because she does not like who my spouse is. They took things out of the house as he sat in the chair dead. She and a brother signed over the title to his truck to the brother which was sold for cash to buy a motorcycle. It was sold for 18,900. Out of everything, all I have recieved is 4,500. She took a corvette,2 trucks, undetermined amount in cash,even his wallet with over 200 in cash at time of death. Any information, please help.


Asked on 11/25/06, 9:51 am

1 Answer from Attorneys
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Sister signed my name to probate

You obviously have a claim for the fraudulant receipt your sister signed and presented to the probate court. It may be able to collect this from a court bond that was probably required to be posted as part of the probate process. As to the deed, that is a harder proposition, but if your father was infirmed at the time the deed was executed (as provable by a doctor's testimony) you may have a claim for fraud with regard to the house. However, to the extent that there was no will, the house would be divided evenly between all beneficiaries, unless you could show that the others also helped in the fraud. Then, if a jury was sufficently outraged, they might award you punitive damages against your sister and others so that you could use the judgements to capture the house for you alone.

Read more
Answered on 11/30/06, 2:26 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri