Legal Question in Wills and Trusts in Missouri
will
our father passed away on 3-27-2006 in missouri.
he wanted everything devided in 5 parts. i have 2 brothers and one sister. our stepmother says that we do not get anything. also, he said that she can live in the house in mo.for the rest of her life, but if she sells it the money gets split up between us. now she has the house on the market for 180,000.
can you please help us? thank you.
2 Answers from Attorneys
Re: will
you need a lawyer in Missouri, asap.
Re: will
Before I can answer your questions, I will need a bit more information from you. Was there a probate of your father's estate? If so in what county?
If not, were all of your father's assets titled in joint name with his wife?
Under Missouri Law, all assets jointly held with a spouse are the property of the spouse, upon the title owner's death.
If title to any asset was held in his name, alone, it is subject to probate. However, 1 year after date of death, will is no longer binding.
Under intestacy code, asset would be split 50% to spouse and 50% to children. The procedure available after one year is a determination of heirship proceeding.
If I can be of further help, pleas contact me.
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