Legal Question in Wills and Trusts in Missouri

My son, who was 27 years old just passed away suddenly. He has a 22 month old son by a woman who is still married to someone else. Paternity was established when the baby was born. I need to know in the state of missouri who would be responsible for all of his belongings, bills, & funeral. The girlfriend has said that since she is now responsible for the baby, everything of my sons goes to her to take care of, except any bills, funeral & etc. He has a car that was in his name, but she won't give it back. She sold all of my sons belongings over craigs list this past weekend. She won't let us see or talk to the baby. We were a VERY BIG part of his life & kept him 1 to 3 days almost every week. Where do we start & is she authorized to sell his belongings. I know part of them was on credit cards. We live in Kansas. My son's legal address was here, he is registered to vote here, his cars are registered here. He lived in Mo, but worked in Ks


Asked on 11/14/11, 2:16 pm

1 Answer from Attorneys
Anthony Smith LawSmith

I am sorry to hear of your loss. You have my condolences. Under the facts you described, your Son's belogings wil lliley go to his child. You might wnat to open an estate for yrou Son, and that will aloow you to take control of all of his assets. You might be able to get the gal to pay back all that she got for his stuff. Of courrse, since whe is married, the court will presume that the baby is her husband's. But, it sounds likelyou may have the evidnece to change that. Otherwise, all of yrou Son's stuff goes to you. You should consult directly with a probate attorney in your area as soon as you can. Get advice specific to the facts of your Son ( and grandchild's) situation. I have given you a basic explanation based upon your general fact description. You need specific advice.

Good luck

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Answered on 11/18/11, 2:34 pm


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