Legal Question in Wills and Trusts in Missouri

I loaned the estate 50,000 to pay off a reverse mortgage. I filed necessary claims for repayment with probate - I did not file a lien. We now have buyers for two pieces of property, however one of four siblings will not sign. Can I file a lien against the estate to force to rule the property be sold? What type of writ do I ask an attorney to file?

Asked on 8/07/11, 5:29 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The persoanl representative can ask the court to approve the sale without the signature of the one sibling. Many people assume tha tbecaus emost sles happen by agreement of the hiers at law, that sale by agreement is the norm. The norm is for the PR to handle the sale with a hearing where by each heir can coem top court and try to convicne the court to not approve the sale. There may be no specific Writ for you to file. But, you may be able to file a lien against the proeprt(ies) through the Recorder fo Deeds in the county of the property locale.

Good luck

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Answered on 8/09/11, 1:40 pm

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