How Can the Administrator Verify That a Paid Vehicle Loan Is Fully Satisfied in Missouri?
Detailed Answer: Verifying Vehicle Loan Satisfaction in Missouri When an estate administrator needs to ensure a vehicle loan is fully paid, Missouri law sets clear steps. Under Mo. Rev. Stat. § 301.160, once a lender receives full payment, the lender must execute and deliver a release of security interest and file that release with the […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Missouri?
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer In Missouri probate, a surviving spouse can claim a family allowance under Mo. Rev. Stat. § 473.033 (https://revisor.mo.gov/main/OneSection.aspx?section=473.033) and a support allowance under Mo. Rev. Stat. § 474.270 (https://revisor.mo.gov/main/OneSection.aspx?section=474.270). Both […]
Read article →How can a client obtain appointment as administrator when a higher-priority heir exists in Missouri?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Missouri law, the probate court follows a strict priority list when appointing an administrator. Mo. Rev. Stat. §473.093 (link) ranks potential appointees in this order: Surviving spouse; Descendants; Parents; Siblings; Next of kin. If a higher-priority heir exists, […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Missouri (MO)?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Under Missouri law, a personal representative (sometimes called an executor or administrator) manages an estate’s assets, pays debts, and distributes property to heirs or beneficiaries. The process and timeline to become a personal representative typically follow these steps: 1. Determine […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in MO?
Detailed Answer Under Missouri law, a minor cannot directly manage property or pursue litigation involving an inheritance. To protect a minor’s interest in an estate, the probate court appoints either a guardian of the estate or a guardian ad litem. Each serves distinct purposes: 1. Guardian of the Estate A guardian of the estate manages […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in Missouri?
Detailed Answer When someone dies without a valid will in Missouri, the estate passes through intestate succession under state law. The probate court appoints an administrator who collects the decedent’s assets, pays debts, and distributes the remainder to heirs. If one of the heirs is a minor, the court takes extra steps to protect that […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Missouri?
Detailed Answer When someone dies without a will or with an estate requiring formal administration in Missouri, the court appoints an administrator. Missouri law builds in multiple checks to ensure that administrators fulfill their duties and maintain required bonds. 1. Bond Requirement and Surety Under Missouri Revised Statutes § 473.221, the administrator must post a […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Missouri?
Detailed Answer Under Missouri law, a personal representative may receive compensation for administering an estate through statutory commissions or, in certain cases, reasonable fees approved by the court. Statutory commissions on estate assets and sale proceeds are governed by Missouri’s Probate Code. Statutory CommissionsMissouri Revised Statutes § 473.503 entitles the personal representative to commissions on […]
Read article →How do intestacy rules apply if no valid will is found in Missouri?
Detailed Answer When a person dies in Missouri without a valid will, the court distributes their estate under Missouri’s intestate succession laws. These rules appear in Missouri Revised Statutes Chapter 474. They determine who inherits, in what order, and in what share. 1. Priority of Heirs The distribution follows this order under Mo. Rev. Stat. […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Missouri?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Estate Administration in Missouri In Missouri, estate administration generally takes place in the Probate Division of the Circuit Court in the county where the decedent lived at the time […]
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