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Personal Rep FRAUD

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trarazc

Junior Member
What is the name of your state? Missouri
Probate case of intestate husband closed 5 yrs ago, but wife who was never notified found out that brother (personal representative, who witnessed the marriage) signed all paperwork "never married, no surviving spouse" to collect the sizable estate. Brother now claims deceased "once told him that he had gotten an annulment or something." There is no record of any marriage dissolution in Missouri and there were no children from the marriage. There are many other indications of a coverup by the brother, and wife wonders if she can do anything now?
 
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Dandy Don

Senior Member
This is something you need to be discussing with a Missouri attorney, since one is not likely to be reading this message board.

What a conveniently untrue excuse for brother to use, about the "annullment".

There may be a statute of limitations as far as doing anything with probate is concerned, so the only question is why did the wife wait so long to check into probate of her husband's assets?

She may be able to file a civil suit to recover the monies, and she needs to check her husband's probate file to see if this personal representative was required to post bond or not. If bond was posted this might be an avenue for her to recover the lost monies.

DANDY DON IN OKLAHOMA ([email protected])
 

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