Legal Question in Wills and Trusts in Missouri

My ex-husband died owing taxes from 2006 - 2009. He lived in Missouri, but worked in Kansas. He owes tens of thousands of dollars to Federal and both states. He died over 18 months ago and no one has bothered to take on the responsibility of becoming his estate representative

His estate has about $10,000 in it. (other creditors want money too) . He also owed me back child support and maintenance. I have documentation from Department of family services stating the amount (about $15,000.) My question is - would child support and maintenance take precedence over taxes? I assumed taxes would come first, which is why I never pushed my son to take on the estate. If there is a chance we'd get money out of it, it would be worth doing. His mother paid for his funeral - $3,000. I believe that would come first.

Please let me know what I should do. What happens if no one does anything? I gave his info to Missouri DOR after receiving a letter from them, but never heard back.

Thank you,

Judy Schulte


Asked on 9/26/10, 11:40 am

1 Answer from Attorneys
Anthony Smith LawSmith

Based upon the information you provided, it has been too long for anyone to open an Estate for your ex-husband. Devisess, and creditors have up to one year after the date of death to open an estate for a Missouri decedent. That means that there is probably no tax owed anywhere. Your Son, (or other children) may seek a Determination of Heirship in Missouri. That is whre they come in and Say that "Noone came forward to claim his stuff, so it can only go by inheritence now." The other creditors are probably not owed anything more either, as they had a chance to open an estate, but didn't. But, if they had a secured interest, (home mortgage, car note, etc.) they still have it, as that goes with the property and not the debtor. You did not indicate which Misosur iuCounty yrou ex lived in. Let me know, and I may be able to refer someno for your Son.

Good luck

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Answered on 10/01/10, 1:40 pm


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