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Tag Archives: Heirs

Missouri Probate – Don’t Sign if you don’t Understand

Monica came in to see me today.  She had signed a document a month ago consenting to one of her brothers acting as the Personal Representative of her Mother’s estate.  She wanted to talk to me because she was having second thoughts – basically she just didn’t trust her brother.  He has apparently made statements now that lead her to believe that he is not properly handling matters.  Upon further discussion she has never trusted him, she just thought she was required to sign off.  To make it worse she had consented to his independently administering the estate.

There are many things she could have done at the time, but she just didn’t understand.  Heirs sometime need representation.  We can still probably bring matters under control, but it will be more painful and expensive at this time.

It should go without saying, but if you don’t know what you are signing, don’t sign it.  Talk to a lawyer first.

Contact us with your questions.

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Do Heirs Need an Attorney in a Missouri Probate Matter?

We get inquiries from time to time asking if we represent heirs/beneficiaries in Missouri Probate matters, and if it’s a good idea.  The answer, as with many things, is “it all depends”.  If the family gets along reasonably well and if the Personal Representative is trustworthy and efficient, then there is little need.  Obviously, the… Continue Reading

2 Responses to Do Heirs Need an Attorney in a Missouri Probate Matter?

  1. Richard, I was recently named as co-administrator on my Father’s will (passed away 8 June). He lived in Gasconade County. I do not want to be an Executor. Do you have a standard renunciation letter I could pay you for? I assume it would need to be notarized and filed with the county probate court? Thanks!

    • I would not spend the money to have me, or anyone else do this. Whenever someone applies to be appointed they will likely ask for you to sign a waiver at that time. I do encourage you to have any successor to you that may be named in the will to apply promptly. If you are in possession of the original Will you are required by Missouri Law to deliver it to the Probate Court.
      I hope this is helpful.

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