Cindy Lou

[Cindy Lou]

What is the name of your state? Missouri My mother died almost four years ago. I was told that Probate was not important, that my step-father would get everything. I am her only child and I have two children. My step-father will not give us anything, not even a something to remember her by. My children are entitles to something! Is there any way to file this long after the deadline? Please help me!!!!!

 

[seniorjudge]

What is the name of your state? Missouri My mother died almost four years ago. I was told that Probate was not important, that my step-father would get everything. I am her only child and I have two children. My step-father will not give us anything, not even a something to remember her by. My children are entitles to something! Is there any way to file this long after the deadline? Please help me!!!!!

Q: Is there any way to file this long after the deadline?

A: No; you gave up your rights by not filing for anything within a year after her death.

 

[Dandy Don]

Talk to a local probate attorney about this. You may be able to file as administrator and at least get access to her personal possessions, and if there are other financial assets (job benefits, etc.) that are worth anything that still need to be distributed to her legal heirs, then that is an option you may want to pursue. I'd love to see the look on evil stepfather's face when he finds out he may have to give you something!!

 

[seniorjudge]

Talk to a local probate attorney about this. You may be able to file as administrator and at least get access to her personal possessions, and if there are other financial assets (job benefits, etc.) that are worth anything that still need to be distributed to her legal heirs, then that is an option you may want to pursue. I'd love to see the look on evil stepfather's face when he finds out he may have to give you something!!

This answer is 100% wrong.

http://www.moga.mo.gov/statutes/C400-499/4730000020.HTM

473.020. 1. If no application for letters testamentary or of administration is filed by a person entitled to such letters pursuant to section 473.110 within twenty days after the death of a decedent, then any interested person may petition the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent for the issuance of letters testamentary or of administration....

2. The petition must be filed within one year after the date of death of the decedent and shall include the following....

Read the whole thing at the link above.

 

[Dandy Don]

Then find an interested person (perhaps an attorney you hire, or a creditor who is owed money) to open up probate.