Legal Question in Wills and Trusts in Missouri

Wills, Real Property
My mother and father left wills naming me, a daughter and my husband as co-executors. Their home was titled only in their names. The will instructs us to sell the home to pay for any outstanding medical bills, etc. Does this require a probate filing? There are three surviving children to benefit from what remains from the sale after all debts have been satisfied.

Asked on 12/30/07, 9:52 pm

2 Answers from Attorneys

Anthony Smith LawSmith

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Re: Wills, Real Property

A paper does not become a will until a probate judge says it is. Under the facts you described, you will have to have at least some involvement with the probate court, if you wish to make any use of the will. If your parents have both passed, you need to start filing docuemnts with the probate court very soon. If the house is the only asset, and its worth is not great, you may be able to have atruncated version of the probate process, called a "small estate." If there are other assets, you will probbly need to have afull estate. You may or may not be able to have it unsupervised, depending upon the wording of the will and/or the position of the other heirs at law. It sounds like you need to meet directly with an attorney who could view the documents and advise you more specifically on your situation.

Good Luck

Answered on 12/31/07, 11:11 am

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