New Executor Probate Questions

Missouri
My father-in-law passed away in April 2006 and named his son executor. He left his house to his two children (one is my wife), but left his wife (niether child's monther) permission to live in the home until she dies, get remarried or co-habitates with another man. In addition, he spelled out requirements that she maintain the home, pay the taxes and any mortages. The house was clear and worth about $250,000 at the time of his death. Home is 40 years old and in Concord Village area.

He also left his personal property to his children. The widow is staying in the house and rapidly disposing of a lot of the personal property: cars, motorcyles, trailers and we believe everything else that is not nailed down.

A couple of questions: Can the adult heirs take out a loan on the property, so that the widow has to pay the mortagage? And if not, how can the heirs get acces to the home to determine condition, and if any repair need to be made? When should the heirs change the deed from thier father's name to theirs?

Secondly, how can the executor compel the widow access to the property to inventory the assets?

Any help would be great, my wife and brother have about $10,000 in Attorney's fees for the last year and don't really have much product. Their last lawyer said that the widow's lawyer had said she would move out for $100,000. This will NOT happen.

Thanks!

Mike

Additional Information on Above

On the day my father-in-law died (six hours afterwards), his grieving widow went to the credit union and moved all funds out of the joint accounts and most importantly, our of an account that had $5,000.00 and was TOD to the executor of the will. We found out and went to the credit union, and they refused to prosecute (or provide documentation) until we subpeanoed(spellilg) the records. The credit union said: Ooops! A mistake, we reversed the transaction, now you are whole, so the matter is complete.

I want to know if we could/should go to the Prosecuting Attorney of St. Louis County to see if we can have this woman prosecuted. The power-of-attorney ended at the time of his death.

Thanks!

Mike

The police will not get involved in family squabbles. You need to remember that you are going to have to deal with her for some time. You cannot take out a mortgage and force her to pay for it. The executor has the right of access and should have taken possession of the personal items immediately. Cars, motorcycles, and trailers have titles. She cannot legally sell them if they are not in her name. I assume that she used the POA after death. The executor can file a claim against her for the value of the items. The excecutor also has the right of access and should have made an inventory immediately.

Executor Activities

Thanks so much for your reply. It is a challenging situation. Long story short, stepmother made an agreement to keep a piece of real estate (in her own namme) that she inherited, but kept her name on the title for a vacation home (sold two months after death of father). She also has disposed of a lot of personal property, some of which was not marital property and belonged to the deceased and son's business. This was equipment for a sheet metal business, so it is rather pricy. As far as the vehicles, she disposed of not only the ones that were joinlty title, but also a 4 Wheeler bought jointly with the son. A Suzuki motorcyle verbally given to a grandson**************.. Business inventory for the deceased's business with his son.... It is not pretty. By the way, we filed a police report on Saturday for theft of some sheet metal equipment and a travel trailer (that was NOT joinlty titled and owned prior to the marriage). It is a mess and my wife and her brother are both very emotional about this.

I know the legal system cannot fix feelings nor can they always do what is farir, but rather exist to follow the law. That is my dilemna and I am trying to assist in completing the probate as quickly so that my wife and brother-in-law can move on and not dwell.

Sorry for the long sad tale of woe, but I am just trying to help folks that I love. By the way, they have speant about $10,000 in legal fees and have not received a lot of work product. There were two attorneys and both suggested that the heirs offer a settlement.

Thanks again