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settling estate

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lhutchis

Junior Member
What is the name of your state (only U.S. law)? mo
my uncle died in dec 2009. no will . my mother was poa. her name was on his home . in process of settling his estate , she has now passed . my father has a will leaving anything of moms to him . there are 3 of us children to mom , which were his neices and nephew, do we have any rights . forgot to mention uncle had no children . 1 brother and sister had passed and their children are due that portion
 


anteater

Senior Member
Here's the difference between your mother and her siblings, at least from what I can gather from your post.

Your mother's siblings passed away before your uncle (right?). Those predeceased siblings' children take the place of their parents since their parents passed away before their uncle.

You mother survived your uncle. What she was entitled to inherit from his estate vested with her since she survived him. (There might be a requirement in MO law that she needs to survive for a certain period - such statutory requirements are usually no more than 5 days. Since it seems that your mother did not pass away until at least months after uncle, I'm not digging into MO law to see if there is such a provision.)

When your mother passed away, whatever she was entitled to or did inherit from your uncle becomes part of her estate and is subject to distribution according to the terms of her will..
 

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