Executor responsibility in Missouri

Aunt died in 2002 and Uncle died last month. There is no record of probate for either and the executor (other uncle) refuses to show family members the will. Large lopsided distributions in favor of the executor and his kids have been proven.
1. Is probate required in Missouri? (Estate worth multible 6 digit $ amounts)
2. Does discovery keep alive the 2002 will?
Anky thoughts? Thanks,
Mike

To distribute assets under the terms of a will, probate is required. But not all assets are distributed under the will. And, there are cases where there are no assets that need to be distributed through probate - jointly onwed assets, assets with beneficiary designations, etc.

The uncle is not "executor" until the court says that he is executor.

Large lopsided distributions in favor of the executor and his kids have been proven.

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What distributions? Distributed by whom?

Did this uncle also possibly have power of attorney?

Consult an attorney now. If you think you or other people are potential beneficiaries, you can force probate to be opened so judge can ask uncle to produce the will.

anteater said:

To distribute assets under the terms of a will, probate is required. But not all assets are distributed under the will. And, there are cases where there are no assets that need to be distributed through probate - jointly onwed assets, assets with beneficiary designations, etc.

The uncle is not "executor" until the court says that he is executor.


What distributions? Distributed by whom?

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I know there was not a "Trust" but "jointly owned assets" were common along with POD. We were told that the will stated the estate should be divided equally between siblings and then equally between nieces and nephews but lesser amounts. There were no kids or spouse. My living Uncle was named executor on the will and distributed the funds. Comparing notes we have found out the executor's kids received seven times the other siblings kids. My Aunt received $350,000 and my mother received $30,000. And the list goes on... Joint ownership probably allowed him to do it but is that legal?

Dandy Don - I suspect my Uncle was POA but I understand that ceases at death. Is that not right?

Thanks for your quick responses. Most of us involved are spread out accross the country and that does not make it any easier.

mdconnor said:

....My Aunt received $350,000 and my mother received $30,000. And the list goes on... Joint ownership probably allowed him to do it but is that legal?
Dandy Don - I suspect my Uncle was POA but I understand that ceases at death. Is that not right?....

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If an account is owned jointly with right of survivorship, then the surviving owner(s) becomes the sole owner(s) by operation of law. The will does not matter. Same thing with accounts with beneficiary designations. So, yes, it could be legal. What your uncle was doing "distributing the funds" is a mystery unless he was joint owner or designated beneficiary on everything and made gifts according to his desires. And, yes, that would be legal since he would become owner of the assets upon your other uncle's death.

The reality is that you are in the dark. And about the only way that you are going to get out of the dark is for you or one of the other interested parties file to open probate.

This is a link to Title XXI of the Missouri code:
http://www.moga.state.mo.us/STATUTES/STATUTES.HTM#T31

Also, yes, a POA terminates when the person granting it passes away.

Under Missouri law (since the will was not presented for probate within a year after death), the estate will be an intestate succession.

The poster needs to hire a lawyer and file for probate.

seniorjudge said:

Under Missouri law (since the will was not presented for probate within a year after death), the estate will be an intestate succession....

The poster needs to hire a lawyer and file for probate.

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Yes, but the Uncle only died recently.

I've been assuming that "Aunt" and "Uncle" (as opposed to lower case "other uncle" the presumed "executor") were husband and wife. And, for simplicity, that any assets of the wife passed to the husband (upper case "Uncle").

If not, the OP may need a posse of lawyers.

anteater said:

Yes, but the Uncle only died recently.

I've been assuming that "Aunt" and "Uncle" (as opposed to lower case "other uncle" the presumed "executor") were husband and wife. And, for simplicity, that any assets of the wife passed to the husband (upper case "Uncle").

If not, the OP may need a posse of lawyers.

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I agree with everything you say.

(I was assuming AUNT had something to probate, separate from jointly-owned property with UNCLE. We need OP to tell us what is going on.)

seniorjudge said:

I agree with everything you say.

(I was assuming AUNT had something to probate, separate from jointly-owned property with UNCLE. We need OP to tell us what is going on.)

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My Aunt that died in 2002 and Uncle that died last month were never married and never had kids. My living uncle/named executor is married.

I suspect that joint ownership, PODs and wills were manipulated during their last months alive while having significant dementia. While they were in good health they were proud to show us what we were getting through POD bonds and other assets. The bonds were mysteriously retired before death despite money being plentiful.

I am thinking this was a well thought out action with all T's crossed and I's dotted. If that is the case I am SOL and will take this as a lesson well learned. So much for family integrity, maybe their ill-gotten funds will help them sleep at night.

Any more thoughts or should I devote my time to something more promising.
Thanks,
Mike

mdconnor said:

...My Aunt that died in 2002 and Uncle that died last month were never married and never had kids...

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Your clarification has left me more confused.

Were aunt and uncle brother and sister?

What's going on here?

In any event, discuss this with a lawyer.

If you waited six years since auntie died, I'd say you are out of luck there. But what about the recently dead uncle?

Clear things up, okay?

Give us a time line and give us fake names and their marital status and if they had kids.

Yes, the POA does expire at death but the question you want to ask is how did he use that POA before the deaeth occurred? Can he account for the monies he got control of by producing receipts spent for the person's medical and living care/expenses? Of course not. The reason that I asked about POA is that he probably used that to change the beneficiary designations on the assets and that may be illegal, especially if the granter of the POA had dementia during the same time the POA was granted.

Your consultation with a probate or family law attorney needs to include your question of whether your state has laws against abuse of POA and/or elderly financial abuse.

DANDY DON IN OKLAHOMA ([email protected])

seniorjudge said:

Your clarification has left me more confused.

Were aunt and uncle brother and sister?

What's going on here?

In any event, discuss this with a lawyer.

If you waited six years since auntie died, I'd say you are out of luck there. But what about the recently dead uncle?

Clear things up, okay?

Give us a time line and give us fake names and their marital status and if they had kids.

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Yes, Aunt (nice lady died in 2002) and Uncle (nice man died last month)were brother and sister. My living uncle (jerk) was also a brother and was executor of both estates. The recent death of my Uncle (nice man) brought out many things so I feel "discovery" applies to my Aunt's (nice lady) will.

I have been kept in the dark and had no reason to suspect anything until recently when another living aunt (another nice lady) started putting things together. I always trusted family to do the right thing but I guess money does strange things to people. When someone confronts my uncle (jerk) he quits communicating with them and refuses information. What he did may be legal but it is obvious it was not right.

The only thing you can do is hire a lawyer and force probate of aunt (nice) and uncle (nice) and sue the pants off uncle (bad).

Will this work?

I don't know.

(By the way, I have seen bitter family arguments over $900. Go figure.)

Dandy Don said:

Yes, the POA does expire at death but the question you want to ask is how did he use that POA before the deaeth occurred? Can he account for the monies he got control of by producing receipts spent for the person's medical and living care/expenses? Of course not. The reason that I asked about POA is that he probably used that to change the beneficiary designations on the assets and that may be illegal, especially if the granter of the POA had dementia during the same time the POA was granted.

Your consultation with a probate or family law attorney needs to include your question of whether your state has laws against abuse of POA and/or elderly financial abuse.

DANDY DON IN OKLAHOMA ([email protected])

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You bring out a good point Dandy Don. Getting that information would require about two hours in a torture chamber or the legal system threatening him with jail. In cases like this I suspect there are usually no winners. Would you agree winning in court is unlikely?

Where in Oklahoma? I am in Tulsa.
Mike

seniorjudge said:

The only thing you can do is hire a lawyer and force probate of aunt (nice) and uncle (nice) and sue the pants off uncle (bad).

Will this work?

I don't know.

(By the way, I have seen bitter family arguments over $900. Go figure.)

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There is a ton of money involved but there are so many cousins that a $ value to me would probably only be 6 digit+. Yes, well over $900 but not worth years in court, especially since I am 400 miles away and gas is high. My main goal was to find out the truth so I know who my real family is. If I can get a few cousins together I may hire an attorney to write a strong letter and maybe even file suit. Not all share my aggressive behavior in this matter.