Enforcing or Disputing an Oral Agreement About Dividing Wrongful Death Proceeds in Missouri
Detailed Answer Short summary: In Missouri, wrongful death recovery is obtained under the wrongful death statute, but an oral agreement among heirs or beneficiaries about how to divide those proceeds is a private contract. To enforce or dispute such an oral agreement you must show it was a valid contract (offer, acceptance, consideration), produce admissible […]
Read article →How to Apply to Be Administrator of a Parent’s Estate in Missouri
Detailed Answer If your mother died without a will in Missouri, you can ask the probate court to appoint you as the estate's administrator (sometimes called a "personal representative"). Below is a clear, step-by-step explanation of how that process normally works in Missouri, what the court will expect, and what your duties will be if […]
Read article →Missouri: Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign
Can an estate sell a house in probate if a co-administrator refuses to sign? Short answer: Yes — but usually only with court involvement. If one co-administrator refuses to sign, the probate court can (1) authorize the sale over the holdout, (2) appoint a substitute or special administrator to handle the sale, or (3) remove […]
Read article →Missouri — How to Get Court Approval to Release Estate Funds When Beneficiaries Disagree
How to get the court’s approval to release estate funds when there’s a dispute about splitting the money Short answer: When beneficiaries dispute how estate funds should be split, the probate court in Missouri controls distribution. The personal representative (executor or administrator) should avoid unilateral distributions, try to resolve the dispute informally, and—if that fails—file […]
Read article →Getting All Owners to Approve a Realtor Before Marketing Property — Missouri
How to Get All Property Owners to Approve a Realtor Before Marketing in Missouri Short Answer Before marketing real property in Missouri, confirm who legally owns the property, then obtain clear written authorization from each owner (or from the person who has the legal authority to act for them). That usually means a listing agreement […]
Read article →Missouri: Who Receives Leftover Proceeds When a Parent’s Home Is Sold?
Quick answer This is not legal advice. I am not a lawyer. The following explains how Missouri law generally treats sale proceeds from a deceased person’s home so you can understand when to talk with a probate attorney. Short answer Usually, if the house is part of the probate estate and the executor or administrator […]
Read article →Missouri — Reimbursing Personal Payments for a Decedent’s Vehicle Lien
Understanding Reimbursement for Personal Payments Toward a Decedent’s Vehicle Lien Detailed answer — How Missouri law treats personal payments on a decedent’s vehicle lien Short answer: Possibly. Whether you can reimburse yourself from the decedent’s estate for money you paid to satisfy a vehicle lien depends on who you are (personal representative vs. private third […]
Read article →Missouri: How Remaining Estate Funds Are Distributed to Children After Taxes, Claims, and Expenses
How Missouri Estates Distribute Remaining Funds to the Decedent’s Children After Taxes, Claims, and Expenses Are Settled This FAQ explains, in plain language, how the remaining money in an estate is distributed to a decedent’s children under Missouri law after the estate pays taxes, creditor claims, and administration expenses. This is a general overview only […]
Read article →Missouri: Administrator Bond Requirements for Intestate Estates
Short answer This is not legal advice. This article explains how Missouri handles bonds for persons appointed administrator of an intestate (no will) estate and when a bond may be reduced or waived. Detailed answer — how Missouri treats administrator bonds for intestate estates When someone dies without a will, the probate court appoints an […]
Read article →Missouri: How Courts Decide Who Can Serve as an Estate Administrator
Understanding How Missouri Courts Choose an Estate Administrator Detailed Answer — What courts look for when naming an administrator When a person dies without naming an executor or when a nominated executor cannot serve, a Missouri probate court will appoint an administrator to manage the decedent’s estate. The court’s goal is to appoint someone who […]
Read article →