Legal Question in Wills and Trusts in Missouri
small estate affidavit
My husband was named as one of the beneficiary to an annuity. He died in 2004 in Missouri. The aunt died in Illinois 2008. Claim forms were sent to me from the Insurance company and a letter stating his portion is payable to his estate. The attorney I used after my husband died stated it would not be necessary to file his will since everything we had was joint and passed to me. The attorney had said his assets alone were minimal. Now the insurance company is wanting a small estate affidavit. How do I obtain this?
2 Answers from Attorneys
Re: small estate affidavit
Some states use asmall estate affidavit. In Missouri all estates must be openend within a year of the person's death. What yoiu need is a determinatiuon of heirship. If the Court clerk cannot assist you, then you will need to hire an attorney to draft this document for your, and have it addressed by the court.
Good luck
Re: small estate affidavit
There is a relatively simple legal procedure that we use in situations like this to obtain a court order that the insurance company will accept as authority to pay the benefits to you. I recently handled a very similar case. You may want to call the attorney you referred to, or, if not, you may feel free to contact me for a consultation.
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