Legal Question in Wills and Trusts in Missouri
My uncle died had no will
My uncle died in nov 05. He was down syndrome and had no will. My grandmother had willed her house to my dad and my uncle. The court system took over my uncle and appointed an executor. There was error in my grandmas will and instead of saying that my dad got her 1/2 of the house, it just said he got the house, since it was in my grandma and my uncles names, the courts said it was just my uncles. My dad tried to buy it from my uncle but the court would not allow it to go thru. Now my uncle had passed away, and the courts are saying they are going to sell the house, and my dad has to make a list of everything my uncle owned and turn over to the court so that they can sell it. There was enough money saved up to pay his last medical bills and have some left over. Does the courts get the money that was left over and what they make from selling all of his belongings? Are the family members allowed to keep anything as a memorial to him? Is my dad allowed to purchase the house from the courts? Thanks for your time and replies, they are greatly appreciated.
1 Answer from Attorneys
Re: My uncle died had no will
In order to answer your questions accurately I will need some more information from you. Do you have a copy of the deed to the house? In what county was the conservatorship established? I ask so that I can review the court record and determine your best course of action. A family member can petition to serve as the personal representative (executor) of your uncles estate. The people who will ultimately benefit from your uncle's estate are his heirs at law. If you tell me a bit more about your family tree, I can tell you how that will work.
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