Legal Question in Wills and Trusts in Missouri
What becomes part of estate vs. passes automatically to another
My father was DPOA for his uncle who just died. Dad's name is listed with uncle's on real estate, bank accounts, and certificates of deposit. Do these automatically pass to him or will they go through probate? What about personal property? There are several pieces of old farm machinery (no titles exist) that uncle verbally gave to dad, but no written statement exists, although several witnesses heard this statement. There are other heirs in the will. How soon must it be presented for probate? Dad's brother will be pushing for quick $in his pocket - how long can dad wait before filing will?
1 Answer from Attorneys
Re: What becomes part of estate vs. passes automatically to another
The property that would have been part of you great uncle's estate prior to being subject to the DPOA is now part of his probate estate, minus designations otherwise in the trust documents.
An estate can not be oped for thirty days after the decedent passes. But, anyone interested in actind as Persoanl Representative of teh estate should begin getting their information and documents together much sooner than that.
You mentioned a will. Does it name who the Personal Representative (AKA Executor, Administrator) is to be?
As to the property in both names, it depends how they were title to teh land, as to whether it passses right to your fahter, or anyone else.
That is about all I can tell your ither more information.
Good Luck,
Tony Smith
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