Legal Question in Wills and Trusts in Missouri

Hi, I live in MO and I have a question about what is going to happen with my grandmothers estate after her passing. She has 4 children, one of which was my mother,who passed away 8 years ago. I am her only child. I was wondering how her estate will get broken up and if I have any claim to what my grandmother left behind. If so how would I going about making that possible? I think that two of her living children are trying to simply divide things up between themselves and keep me out of it. How can I avoid this from happening?


Asked on 7/15/10, 6:30 am

1 Answer from Attorneys

Anthony Smith LawSmith

If your grandmother is still living, then she has the right to allow her children to divide her assets, until she is adjudicated incapble to handle her affairs. If you beleive that due to injury or infirmity, that your grandmother is incapacited or incompetent, theh yuo may petition teh court to appoint a conservator for her. If she is capable, then perhaps you can persuade your grandmother to give you some of the items you desire before she passes.

When yuor grandmothr passes. Then an estate can be opened for her. If she has Will that is admitted to probate, then her assets may be passed as the will dictates. If she has not will, then the assets will pass by inheritance. You may inherit yrou mother's portion, which may be 1/4 of your grandmother's probate estate.

Good luck

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Answered on 7/15/10, 2:53 pm


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