Legal Question in Wills and Trusts in Missouri

Hello my mother passed away 2 yrs ago and we both lived in the property I am the daughter. I feel ill and the mortgage payment began to fall delinquent once the account was 4 or 5 months delinquent the account went into foreclosure at that time they told me that I didn't have access to this account when that is not true when I was the co-borrower on this account. Now there is a sale date of 06/02/2016 @ 2pm and this is ran in the Independence paper this is a Jackson county property, also this was filed 05/13/2016. they will not talk to me I need to save my home also they keep telling me that I need an Executor of Estate in order to gain access to the account before they will even talk to me, I don't knw what to do at this point any advise would be a great help. Thanks

Asked on 5/19/16, 4:54 am

1 Answer from Attorneys

Anthony Smith LawSmith

Unfortunately, in Missouri, you have one year from the date of death to open an estate. There are some rare exceptions. After that, one does a Petition to determine heirship. As part of that, you can subpoena the lender it note holder to appear with the records. (Must choose to give you the records without the expense of flying in a bookkeeper) It sounds like you aren't too familiar with the probate process. Therefore, Yes, you should use an attorney. You need to consult directly with a probate or real estate practice attorney very soon. Find is not on your side.

Good luck

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Answered on 5/19/16, 10:08 am

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