Can I open an estate and become the personal representative if I am the mother-in-law? Missouri
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer In Missouri, the court appoints a personal representative (also called an executor or administrator) to manage an estate. Who qualifies depends on whether the decedent left a valid will (testate) […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Missouri?
Detailed Answer Missouri Intestate Succession Laws When someone dies without a will in Missouri, their estate passes under Chapter 472 of the Missouri Revised Statutes. The law prescribes who inherits and in what shares: If the decedent leaves a surviving spouse but no descendants, the spouse inherits the entire estate. If the decedent leaves a […]
Read article →How Does an Executor Obtain an EIN for the Estate in Missouri?
Detailed Answer An EIN, or Employer Identification Number, serves as the estate’s taxpayer ID. The IRS requires an executor to obtain an EIN before filing tax returns for the estate. In Missouri, the executor first secures Letters Testamentary from the probate court under RSMo §472.050 (revisor.mo.gov). Once appointed, the executor can apply for the EIN. […]
Read article →What is the difference between common and solemn form probate in Missouri?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Missouri law does not use the terms “common form probate” or “solemn form probate.” Instead, the state offers two main probate pathways: independent administration and supervised administration. Both paths fall under Chapter 473 of the Missouri Revised Statutes. Independent […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Missouri?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Under Missouri law, a surviving spouse and minor children may claim a year’s allowance out of the decedent’s personal estate. This right ensures basic support for up to one year after death. Missouri Revised Statutes § 473.210 grants this […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in Missouri
Disclaimer: This article is for educational purposes and is not legal advice. Consult an attorney to address your specific situation. Detailed Answer Under Missouri law, probate matters proceed in the circuit court of the decedent’s residence. When you file a petition to admit a will or to appoint a personal representative, Missouri Revised Statutes §473.050 […]
Read article →How to Serve Court Orders on Interested Parties in Missouri Probate Cases
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Missouri probate, you must serve all "interested parties"—heirs, devisees, creditors and other persons entitled to notice—before a court will act on motions or orders. The probate code provides several service methods. Follow these steps to serve court orders […]
Read article →How to Obtain and Submit an Original Will During Probate Administration in MO
Disclaimer: This information is not legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer During probate administration in Missouri, you must locate and submit the decedent’s original will or a filed copy to the circuit court. Missouri Revised Statutes require safekeeping and presentation of wills under RSMo § 473.033 and probate […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in MO
Detailed Answer Under Missouri law, an initial probate representation agreement is a written contract between you and a probate attorney that outlines the scope of services and fee structure. Missouri statutes in Chapter 473 govern the duties of personal representatives, but they do not mandate a specific format for your agreement. However, Missouri Supreme Court […]
Read article →May I Petition a Missouri Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Missouri law, any interested party—such as a beneficiary, heir or creditor—may petition the probate division of the circuit court to remove an estate administrator who fails to perform required duties. The most relevant statute is RSMo Section 474.170, […]
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