Missouri Application of Unmarried Minor Children for Refusal of Letters

[angieshue]

What is the name of your state (only U.S. law)? MO

My former husband died over 2 years ago, and I was given a form from the Probate office the Mo App of Unmarried Minor Children for refusal of letters for a bank account that was in his name. I did that almost immediately after he passed away for his mother to help pay off his expenses, I got what money he had out of his bank, and gave the money to her. A while ago, a couple months ago, I purchased a truck that my ex husband had from my former mother in law, and found out that once I was given the refusal for the above bank account, the truck was also mine, I didn't know that, but we paid her for the truck anyway, she needed the money. After I filed this in Probate Court, I received a notice from American Infosource stating that they had filed a claim to his estate also. (Sept will be 3 years since I filed the first refusal letter). I am not responsible for any prior debt of his am I? We were divorced, and the Refusal letters were done in behalf of our daughter we had together. What needs to be done in order to find out if I am liable for any prior debts?

 

[latigo]

What is the name of your state (only U.S. law)? MO

My former husband died over 2 years ago, and I was given a form from the Probate office the Mo App of Unmarried Minor Children for refusal of letters for a bank account that was in his name. I did that almost immediately after he passed away for his mother to help pay off his expenses, I got what money he had out of his bank, and gave the money to her. A while ago, a couple months ago, I purchased a truck that my ex husband had from my former mother in law, and found out that once I was given the refusal for the above bank account, the truck was also mine, I didn't know that, but we paid her for the truck anyway, she needed the money. After I filed this in Probate Court, I received a notice from American Infosource stating that they had filed a claim to his estate also. (Sept will be 3 years since I filed the first refusal letter). I am not responsible for any prior debt of his am I? We were divorced, and the Refusal letters were done in behalf of our daughter we had together. What needs to be done in order to find out if I am liable for any prior debts?

The only way you could be held personally accountable to your ex husband’s creditors is if you were legally responsible for such debts prior to his death or if you had misappropriated assets from his estate to the detriment of his creditors.

It’s the misappropriation part that is troubling here.

Because as his former spouse and no probated will in which you are named as a beneficiary - you were not entitled to receive the benefits of any assets owned by the deceased. Not the money in the bank account, which you improperly gave the deceased’s mother, or his truck.

The reason for the probate court’s refusal to issue letters was because of a finding by the court that (1) the deceased was survived by an unmarried minor child, and (2) the assets in the estate did not exceed the exemptions allowed by law and the statutory allowance for one year’s support of the deceased ‘s unmarried minor daughter. Missouri Revised Statutes Sections 473.50 and 474.260.

By your own admission:

. . . refusal letters (sic) were done in behalf of our daughter we had together . .

It wasn’t done on your behalf or on behalf of the grandmother!
So, what explanation or excuse do you have for “supposedly” giving the money from the bank account to the grandmother when by law it was to be used solely for your child’s benefit?
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Then there is this head-scratcher:

. . . I purchased a truck that my ex husband had from my former mother in law . . .

Could you explain how grandma ended up with her son’s truck? From whom does she claim to have purchased it? How did she manage to transfer title to the truck over to you or anyone else?

I would be interested in seeing your supposed “title” to that vehicle.

Then you tell us that you didn’t need to buy the truck from grandma because:

. . . once I was given the refusal for the above bank account, the truck was also mine . . .

How can you justify that statement knowing full well that, ergo the court’s refusal to grant letters, the estate assets were to be used for the benefit of your daughter?

Albeit you give no indication of a hearing ever held in which the court could determine the child’s needs and formally set the amount of the allowance for her support. Mo. RS Sec. 474.260(1) Also at that time the court could have authorized the child to receive the truck in lieu of or in part of the money allowance. Mo. RS Sec. 474.260(2)
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It appears that you treated the so-called “a letter of refusal” as a carte blanch or blank check, so to speak, to do with the assets in the estate just as you pleased.

I would hope the creditors might have some recourse against both you and grandma, but I frankly doubt it.

 

[angieshue]

Well, the court gave me this letter of refusal stating that my daughter was his heir, and therefore, I was able to take access of the bank account, and his mother, whom he financially provided for while he was alive, took care of his final expenses with this bank account money. The truck was in his name and her name as TOD, so I made the purchase but didn't have to, (I was told this by the Probate Division in my county), but what I needed to know was if I am liable for any outstanding debt he had before he died. Thanks for your help