Legal Question in Wills and Trusts in Missouri

Sisters fighting

My friends sister lived with her mom all her life, BOO! Her mother died of cancer. There are IRAs how can she find out who name they are in? Her sister told her they were no longer in her name both of there names. The lady at the bank said she was not able to say, but Robbie deffinently needs to check into it. Can we do it without a lawyer? My freind has no money. Half of the house is my friends but the sister wont get out. Father no longer living eather. Thank You.


Asked on 1/30/07, 10:19 am

1 Answer from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Sisters fighting

If you have forwarded a death certificate to the bank and the bank won't discuss the IRA's with you, that means that you are not a death beneficiary. If that is the case, the important questions are "were you ever a designated beneficiary and if so, when were you removed. unfortunately, you won't be able to obtain those answers without a lawsuit.

However, if you are on the deed you can get your sister out of the house, but it will take a lawsuit to do it. The lawsuit is called a partition action. this lawsuit will force the sale of the house and thereafter th ebuyer at the sale will have the problem of getting yoru sister out of the house while you will get your share of the sale proceeds.

If your friend would liek to discuss how this all works please have her call me.

Read more
Answered on 1/30/07, 11:17 am


Related Questions & Answers

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