Legal Question in Wills and Trusts in Missouri

Re: Verbal Life Estate Validity - Intestate Death

Your fact pattern sounds suspiciously like a law school hypothetical. As you may know, oral wills are of similar value to common law mariages in Missouri (practically nothing). However, contracts are honored in Missouri. You seem to possibly describe acontract whereby GF invested her funds in mutual personal property, instead of savings for life after BF, in reliance upon his (BF's) promise to take care of her after his death. This would be dificult to prove, though.

You said that BF's children heard him say that he wanted GF to be financially taken care of after his death. Since they seem not to be honoring this testamentary decalration, so it should not surprise you that they will probably not admit to hearing their father say this. You could still prove that he said it, but it will be very dificult.

As to the vehicle, you did not say how much $ GF put in toward it. What evidence is there that the funds came from her, and that it was not a gift to BF? If his name is on the title, then it will have to be counted as part of his estate, if one is opened.

As no estate has been opened, noone has absolute authority to act concerning the residence. If she was living there, and they locked her out, then they have violated the landlord tenant laws of the state, and they may be liable to her for her losses. This is particularly true as to her personal property and replacement housing expenses. However, if only BF's name is on the peoperty, whoever, administers the estate has a duty to collect rent from GF for all times she resides there after BF died.

AS a potential creditor of the estate, GF may have the ability to open BF's estate. She will hae to post a bond to protect the assets of the estate. You did not elude to how large BF's estate is. GF probably does not have standing to open a small estate, and therefore must go for the full blown one.

All of this is changed, if GF is one of the very samll minority that can prove common law marriage. In which case, most of the estate will go to her, with the right elections.

Good luck, and let me know if I can help.

Tony Smith

Re: Verbal Life Estate Validity - Intestate Death

I read the reply posted by Tony Smith in Kansas City, and he is not completely out of line. However, I would take a different approach in responding to your situation. I believe that an attorney would have to interview you at length in order to get all of the details down on paper, and then conduct a moderate amount of legal research and possibly a bit of other factual investigation before providing you with competent legal advice concerning your legal rights, and the possibility of receiving a fair result through the courts. If you are located in the Eastern half of the state, I may be able to help you. I would require a retainer fee to cover my time in expending the efforts described above, and there would be no guarantee that the results of my efforts will be favorable for you. Nonetheless, I am confident that you would have the very best legal advise possible if this approach is taken. You may call me for a free telephone consultation at 314-727-2822.