What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in probate in Missouri?
Detailed Answer When someone dies in Missouri, the personal representative must notify potential creditors to ensure valid claims against the estate are presented and paid. Missouri law sets out two main notice methods: publication and direct mail to known creditors. Publication Notice Under Mo. Rev. Stat. § 473.360, the personal representative must publish a notice […]
Read article →How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will? – MO
Detailed Answer When a person dies without a will in Missouri, the probate court must appoint an administrator to manage the estate under state law. Under RSMo § 473.020, the court grants letters of administration based on the following priority: Surviving spouse alone; Children equally; Parents; Siblings; Other next of kin; Creditors, if no qualified […]
Read article →What Documentation Is Needed to Freeze or Secure the Decedent’s Bank Accounts When Co-Heirs Refuse to Cooperate in Missouri?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer When a co-heir refuses to cooperate, you cannot access or control a decedent’s bank accounts until the court appoints an authorized representative. Under Missouri law, you must open […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in MO?
Detailed Answer When someone dies without a valid will in Missouri, their assets pass by intestate succession under Chapter 474 of the Missouri Revised Statutes. The appointed personal representative (PR) must identify, inventory, and distribute both real property (land and buildings) and personal property (bank accounts, vehicles, jewelry, household goods, and digital assets). 1. Identifying […]
Read article →What options exist to secure missing estate documents from uncooperative institutions in Missouri?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney in Missouri. Detailed Answer When a will, trust document, financial statement or other estate record goes missing and an institution refuses to cooperate, Missouri law provides legal tools to obtain these records. First, send a written request to […]
Read article →What type of deed should heirs sign to convey interests in out-of-state property under Missouri law, and how is it recorded?
Disclaimer: This information is for educational purposes and is not legal advice. Consult a qualified attorney for guidance. Detailed Answer When a decedent’s heirs wish to transfer their inherited interest in real property that lies outside Missouri, they must use the deed form recognized by the state where the property sits. Under Missouri law, heirs […]
Read article →How Can a Client Verify Creditor Notice Requirements Were Satisfied to Rely on the Two-Year Rule in Missouri?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, consult a licensed attorney. Detailed Answer Under Missouri law, the “two-year rule” extends the deadline for unknown creditors to present claims against an estate within two years after issuance of letters testamentary or letters of […]
Read article →Should a Personal Representative Open an Estate Account in Missouri?
Should a Personal Representative Open an Estate Account in Missouri? Disclaimer: This article provides general information and is not legal advice. Detailed Answer Under Missouri law, a personal representative (formerly known as executor or administrator) must keep estate funds separate from personal assets. Missouri Revised Statutes § 473.733 requires the representative to deposit all money […]
Read article →What Steps Are Needed to Bring Real Property into the Estate to Pay Claims in Missouri?
Steps to Bring Real Property into an Estate in Missouri to Pay Claims Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Missouri law, a personal representative must follow specific steps to convert real property into cash for paying […]
Read article →Can I seek reimbursement from the estate for paying the funeral bill in Missouri?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under Missouri law, funeral expenses hold priority status in probate. Mo. Rev. Stat. § 473.446 grants a preferred claim for funeral and burial costs up to $6,000 when you timely file a proof of claim. Mo. Rev. Stat. § 473.446 […]
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