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Father left no will - not sure what to do

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sbever

Member
What is the name of your state (only U.S. law)? MO
My father passed away last month. He and my stepmother had separate bank accounts due to her spending habits. I found out last week she closed my fathers bank account (he was the only name on the account). I didn't think this was possible. There is also a car in my father's name only. He also has a house he recently signed over into his name that was his sisters (his sister is suffering from dementia and requires around the clock support staff). We are not sure where to go with all of this. Does a death without a will have to go through probate courts? We are at a complete loss as to what to do. My stepmother is pretty defensive at times about what is going on.

Thanks for any and all help.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? MO
My father passed away last month. He and my stepmother had separate bank accounts due to her spending habits. I found out last week she closed my fathers bank account (he was the only name on the account). I didn't think this was possible. There is also a car in my father's name only. He also has a house he recently signed over into his name that was his sisters (his sister is suffering from dementia and requires around the clock support staff). We are not sure where to go with all of this. Does a death without a will have to go through probate courts? We are at a complete loss as to what to do. My stepmother is pretty defensive at times about what is going on.

Thanks for any and all help.
If your father died intestate (without a will) then his assets are supposed to be distributed according to the intestate succession laws of MO. That means that someone needs to get to court ASAP to be named as the executor/administrator of his estate. I am actually surprised that the bank let her close your father's account.
 

LdiJ

Senior Member
I also wonder whether the house transfer from his sister was illegal to avoid Medicare.
There was nothing in the original post to indicate that his sister was in a nursing home...I think its probably wiser not to take this thread off into a tangent. Right now the main thing that needs to be handled is making sure his assets are divided as they are supposed to be under MO law.
 

curb1

Senior Member
How was the bank account titled? Were there any beneficiaries listed for the account? What did the bank say when you asked them why stepmother received the assets in the account?
 

sbever

Member
No, his sister is still in her home. She had no children of her own and he was trying to look out for her best interest. We have not questioned the bank. There is also a car that was in his name alone. The stepmother had run up a very large amount of money in bills and when that happened they split the bank account and he paid cash for whatever he bought - including the new car 4 months ago. We really just need some steps to take. We are not sure if we go to the courthouse and apply for executor/administrator since his wife is still living. Do we need to hire a lawyer? We live in Indiana and it is pertaining to the laws of Missouri. Thanks again for any and all help.
 

LdiJ

Senior Member
No, his sister is still in her home. She had no children of her own and he was trying to look out for her best interest.
I am not sure how transferring his sister's home into his name was in her best interest, and that's definitely something that is going to need to be addressed since she is still living in her home, but the bigger issue at this point is your father's estate.

We have not questioned the bank. There is also a car that was in his name alone. The stepmother had run up a very large amount of money in bills and when that happened they split the bank account and he paid cash for whatever he bought - including the new car 4 months ago. We really just need some steps to take. We are not sure if we go to the courthouse and apply for executor/administrator since his wife is still living. Do we need to hire a lawyer? We live in Indiana and it is pertaining to the laws of Missouri. Thanks again for any and all help.
Someone needs to apply to be executor/administrator of his estate ASAP. It doesn't matter that his wife is still living, SOMEONE needs to be the executor/administrator of his estate. Since you are in Indiana and he lived in MO, its probably better to get a probate attorney involved, like yesterday.
 

curb1

Senior Member
Why hasn't anyone called the bank? If you have a problem doing that you might as well give this up. Not enough assets to worry about.
 

sbever

Member
I have another question and it may sound dumb. If the stepmother does not go to the courts to report the death and if no one else does how is the estate taken care of? Does life go on and everything stays at the house as if nothing has happened? When someone dies does the coroner report the death to the proper authorities or is it just a death? He passed at home and there was no autopsy.
Again, I apologize if it is a dumb question. We are so confused.
 

anteater

Senior Member
If the stepmother does not go to the courts to report the death and if no one else does how is the estate taken care of?
It doesn't. Probate court personnel do not sit around checking death certificates and then wondering why no probate proceeding has begun.

Does life go on and everything stays at the house as if nothing has happened?
Pretty much... Until a situation crops up where legal ownership of the assets is critical. Then, all heck breaks loose. And, in this case, that transfer of aunt's house to your father is a ticking bomb. Under intestacy in Missouri, your stepmother would be entitled to a 1/2 interest in that house.

If you care about your aunt, don't let this fester.
 

commentator

Senior Member
If your father was taken away and cremated, or buried, had a funeral, if a funeral home/director was involved in any way, they have reported his death to the Social Security administration as they are required by law to do.

Social Security doesn't quite trust people to mention to them that the person has died when they'd really enjoy continuing to receive his/her checks. Otherwise, it's up to you or to his wife to set about administering the estate and probating, distributing, taking care of his posessions. Somewhere in this situation, there should have been death certificates issued. These are what you need to deal with the estate. This is what your stepmother almost HAD to have to get his money out of his bank account. Else this is a really really small town, and they have violated the law for her.

There's a very good chance that her Social Security situation may have been changed by his passing, as she may be entitled to draw his benefit (assuming he was old enough to receive Social Security benefits and they'd been married long enough.) I bet she has moved forward with this one, though she may be letting the rest of it go, hoping you'll just not ask.

I strongly suggest you hire an attorney to assist you with this situation. Spend the money, it is well worth it. You don't want the wife and her heirs (if she passes away suddenly) to own your aunt's house.
 
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sbever

Member
Thank you

Thanks for all the advice. We spoke with an attorney and will be meeting with him next week. Your advice has meant so much to our family.
 

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