I live in Missouri. My mother passed away last august with no will.she was married. Her mother passed away 2 days later from a separate issue. Again no will, just a living trust. There is a bank account of my mothers that i am told i should be able to have. My question is; shouldn't that be able to be claimed by her husband, not me. I do not want to waste my money filing probate for something that he can take from me. He's already done enough by not even letting me have any family photos, etc.
1 Answer from Attorneys
Generally, her surviving spouse will split her estate with her children that were born before she married. You and the other grandchildren will inherit your Grandmother's estate, if she too was intestate. You only have one year from the date of death to open a probate estate. So, you should consult directly with a probate attorney, in your area, soon.