Estates

Generally, a person who kills another cannot benefit from the death. For example, a husband who murders his wife cannot inherit from her estate. It would pass to her other heirs. A son who kills his father cannot inherit from his father's estate. A sister who kills her brother in order to get his inheritance will lose her right to benefit from the estate. All the above mentioned murderers must be found guilty in order to be barred from inheritance.

In the United States and most Western countries a surviving spouse has the legal right to make decisions as the next of kin. In the Unites States and most Western countries when a parent dies leaving no surviving spouse, all his children are his next of kin.

As for inheritance, you must check the laws of intestacy for your jurisdiction to determine who inherits. It varies in different jurisdictions. Most pass the decedent's property to the surviving spouse. Some jurisdictions also provide a share to surviving children. You can check the laws in your state at the related question link below.

You would have to check with the law enforcement agency of your local jurisdiction (which is not given in the question) to determine if its possession is legal in your state.

That is up to the executor to decide. They can use any method they wish to do so, as long as the court approves. In most cases they want to sell as few things as possible.

You need to determine how a court appointed guardian gets paid in your state. Costs relating to the care of a ward will generally need to be approved by the court that appointed the guardian. You should address your questions to an advocate at the court that appointed you or an attorney.

No. All the grantees must be listed on the deed. If three children were listed as the grantees then they are the owners. In order for an interest in real estate to be transferred by a deed there must be granting language and the receivers of that interest must be named in the deed as the grantees.

Yes. Generally that person would appoint an agent who can act on their behalf. You should discuss this with the attorney who is handling the estate. A simple "Appointment of Agent" form is available from the probate office. You could grant that power to the resident co-executor or some other trusted person who is available to co-sign for you as co-executor.

You may have a cause of action against your parents that can be pursued once you have reached eighteen years of age. However, there would then be a statute of limitation that would begin to run during which you would need to file suit. It may be a period of three years. It would be worthwhile for you to consult with an attorney in your area who specializes in probate law. The attorney could review your situation and explain your options.

Yes.

A "bench trial" is a trial before a judge sitting without a jury. The judge alone decides the case.

No. If any changes need to be made you must petition the court to amend the Letters and issue new ones.

If mother transferred her property to her daughter by deed, the deed was recorded and then her daughter died, the property would pass to the daughter's estate. It would then pass to the daughter's heirs according to her will or to the state laws of intestacy if she had no will.

Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.

First, no one is an executor until the will has been allowed by the probate court and the court has appointed the executor. Until appointed by a court, an executor has NO power.

Once appointed, the executor MUST follow the provisions of the will regardless of their personal feelings. The executor has no personal interest in the estate. They perform their responsibilities under the supervision of the probate court and will be held personally liable for any misbehavior.


Every person has the right to decide what will happen to their property when they die. Those wishes are expressed in a will. Only a judge can modify the terms of a will after the testator has died..

If a person (the principal) drafted a Power of Attorney that named two people as attorneys-in-fact each could be called a co-attorney-in fact. Each named attorney-in-fact would have the authority to sign for the principal. The POA should clearly express whether either one can sign or if both must execute documents on behalf of the principal together.

Suppose Charles, a very successful entrepreneur, owns a substantial amount of real and personal property and wants to transfer the property from his individual ownership in order to protect it from any creditors and avoid the need for probate at the time of his death. He has no children but has numerous nieces and nephews.

Charles decides to have an irrevocable trust drafted by an attorney who specializes in trust law. The provisions of the trust provide the following: his eldest nephew, Thomas, is the trustee and the nieces and nephews are to have the power to name one of their group as successor trustee should Thomas die or resign; during his life Charles is to have a generous monthly stipend and the right to the use and possession of his various homes; upon his death, the remaining property in the trust is to be liquidated and divided equally amongst his nieces and nephews. Charles will have no power or control over the trust property.


Now suppose Charles executed deeds for all his real property transferring the title to the trustee of his trust. He also arranged for all his bank and investment accounts to be transferred to the trustee and they are all now in the name of the trustee of the irrevocable trust.


Charles cannot undo those transfers once they have been made. Those transfers are irrevocable. Charles is no longer the owner of his property. He is the beneficiary of his irrevocable trust.

John DeRidder

Your next of kin and heirs at law are people related to you by blood. Your aunt would be your closest next of kin in contrast to your mother in law who would not qualify at all as your next of kin. You can check your state laws of intestacy at the related question link below. Intestacy laws provide a scheme of heirs at law for intestate property left by a decedent who died without a will.

You need to review the terms of the trust set forth in the declaration of trust and find the section that provides for the appointment of a successor trustee. If there is no provision for the appointment of a successor then you need to get a judge to appoint one.

Here we get a copy of a will at the County Clerks office.

A POA is extinguished at the moment of death. If a POA was used to sell the property of a deceased person the sale was null and void. The former attorney-in-fact had no legal interest in the property, couldn't sell it and committed a fraud. The buyer did not get title to the property.

If he was still the sole owner at the time of death then his estate must be probated for title to the real property to pass to his heirs legally.

Full ownership of that account will pass to you upon your mother's death without any need for probate.

Missouri does not have an Inheritance Tax. The law was repealed as of 1981