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Does Anyone Know of Any Probate Settlement Precedents?

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C

cmora438

Guest
My father died one year and 2 months before his widow. He had long ago been divorced from my mother. I was his only child, his widow had none. He and I were estranged because of his lewd activity toward me after I reached adolescence. I was at his side, however, when he died out of respect. He had no will, neither did his widow, but upon his death, she of course recieved the home, vehicles, P.O.D. CD's, checking and savings accounts with her as beneficiary, life insurance,etc.etc.
I expected nothing, but was urged by his siblings that I should ask questions regarding a will in which he'd made provisions for his siblings, nieces, and nephews.
I asked his widow nearly a year later about the supposed will. I also asked if he had left anything at all for me. She told me that what he left intestate was in probate. I found it was not. Also, she told me that she had told her attorney that my father had no children. She could give me no reasonable answer as to why she lied. At any rate there was a less than extravagant amount of money left in one CD, and a checking account which had no beneficiaries or POD's designated. I opened a Probate estate case, and became my father's Pers. Rep. His widow was to receive half of that!! I thought it was unfair since he never paid a penny for my support while I was a child. At any rate, to everyone's surprise, that I knew, she died too. This case is still not closed 2 years later, because I filed an interpleader for a portion of the house before she died through my attorney's suggestion. Well, her relatives allowed it to be auctioned off. At a profit of over $15,000.00. Now I find that the interpleader suggested by my attorney, has no law to back it up!!, and the widow's relatives will receive half of what is in his probate estate!!! Can someone tell me why that's an acceptable law??? My father's siblings get nothing because he lied, and I get only half of what his negligence will spare, plus I have to pay my attorney for something that could have been cut and dried one year ago if I'd known that there was no chance to gain on the interpleader. I need someone to notify me of any way some of these laws of descention can be legally be re-routed in my favor.
We are all Missourians.
 
Last edited:


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advisor10

Guest
AUG. 27, 2001

DEAR CMORA438:

The reason his widow lied (about having no children) was so that she could keep as much of the estate as she could without having to share it with anyone else. If there was a will, it is likely that she probably destroyed it.

Even under the intestate process, she qualified for $20,000 from his estate, plus half of the remaining estate AND THE OTHER HALF SHOULD HAVE GONE TO YOU! (Do I get a 20% cut of the money you receive from this valuable advice?). You need to check at the county courthouse (of the city where your father died) to look at the probate file to examine the entire file (financial records should be in there) about what assets were there and how much she eventually received after estate debts and taxes were paid. If you didn't receive anything from that intestate proceeding after the estate was closed, then you need to get an attorney to file a claim against her estate for the amount that you didn't receive. If she didn't inform the probate court about your existence and/or lied about it (saying you didn't exist), then that is a fraudulent illegal act.

Also find out from the court clerk if Missouri requires that it's executors be bonded. If the answer is yes, then it is possible you could recover any stolen monies from the bonding insurance company by filing a claim with the bonding insurance company if you don't receive any monies by filing a claim against her estate.

Missouri probate law protects the spouse (widow and widower) and their children, and it is assumed that siblings of the decedent are old enough to be responsible for themselves.

As far as the interpleader issue, it seems that you may have gotten bad advice or used an incompetent attorney. You really need to consider consulting with another attorney about that issue, and also consider posting this same message on the www.lawguru.com website, where it is more likely that a Missouri attorney would see your question and respond with a more accurate answer.

Please clarify the interpleader issue--are you saying that you filed it to claim that you were eligible to be a co-owner of the house (or should split half the money if it was sold?)?

SINCERELY,

[email protected]
 
A

advisor10

Guest
AUG. 27, 2001

DEAR CMORA438:

The reason his widow lied (about having no children) was so that she could keep as much of the estate as she could without having to share it with anyone else. If there was a will, it is likely that she probably destroyed it.

Even under the intestate process (Section 474.010), she qualified for $20,000 from his estate, plus half of the remaining estate AND THE OTHER HALF SHOULD HAVE GONE TO YOU! (Do I get a 20% cut of the money you receive from this valuable advice?). You need to check at the county courthouse (of the city where your father died) to look at the probate file to examine the entire file (financial records should be in there) about what assets were there and how much she eventually received after estate debts and taxes were paid. If you didn't receive anything from that intestate proceeding after the estate was closed, then you need to get an attorney to file a claim against her estate for the amount that you didn't receive. If she didn't inform the probate court about your existence and/or lied about it (saying you didn't exist), then that is a fraudulent illegal act.

Also find out from the court clerk if Missouri requires that it's executors be bonded. If the answer is yes, then it is possible you could recover any stolen monies from the bonding insurance company by filing a claim with the bonding insurance company if you don't receive any monies by filing a claim against her estate.

Missouri probate law protects the spouse (widow and widower) and their children, and it is assumed that siblings of the decedent are old enough to be responsible for themselves.

As far as the interpleader issue, it seems that you may have gotten bad advice or used an incompetent attorney. You really need to consider consulting with another attorney about that issue, and also consider posting this same message on the www.lawguru.com website, where it is more likely that a Missouri attorney would see your question and respond with a more accurate answer.

Please clarify the interpleader issue--are you saying that you filed it to claim that you were eligible to be a co-owner of the house (or should split half the money if it was sold?)?

SINCERELY,

[email protected]
 

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