Legal Question in Wills and Trusts in Missouri
my mother left a will and a trust when she died and made her new husband of 1 year or less the executor. The contents of the house were supposed to be given to me and my 2 brothers, 1 of which is now deceased and the other lives out of state and has no interest in this. Anyway, instead the house and contents were sold immediately after my mother's death. She also had a will which stated that she wanted to be buried in an already paid for plot in Miami, Ok. next to her former husband. Instead, after the funeral, he loaded he up in the back of her new dually truck and supposedly drove her to Minnesota to bury her there because that is where he was supposedly from. (she met this man through an online dating service) This whole thing happened 15 years ago and I have never been able to find out what to do. I called the attorney who set up the will and trust for her but he just told me that I should recieve a yearly accounting of the money from the house and I never have. Her "new" husband was supposed to be able to live in the house as long as he needed to or until he remarried and then it was supposed to go to us three children. I am the only child left who cares about the house and needs it to live in. I live only a short distance away in a rented house. The house which should have been left to me was rented most of these years and just came up for rent again. This is killing me.....can you help me to get back what is rightfully mine or suggest something? Thank you!
1 Answer from Attorneys
Your posting is confusing. If the house was sold, you would nto be getting anything from its future rents. If you mother had a will, it had to be submitted to probate within one year of her death. Othersise, it is just wasted paper. Fifteen years is too long to open an estate. If it was tno doen by then, then it may not be done now. If you or your siblings wre minors when your mother passed, you may be able to sue for a constuctive trust to get the money form teh slae of the house. If the house was not sold, you might be able to due a Petition to determine heirship to have part of the owenrship transferre dto you and your relatives. You probably need to consult directly with a probate attorney in your area. Many offer a free or low cost initial consultation. Take all the documents you have, and be available for that attorneys' follow-up questions. You need advice specific to the facts of your case.
Good luck
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