Do Heirs Need an Attorney in a Missouri Probate Matter?

We get inquiries from time to time asking if we represent heirs/beneficiaries in Missouri Probate matters, and if it’s a good idea.  The answer, as with many things, is “it all depends”.  If the family gets along reasonably well and if the Personal Representative is trustworthy and efficient, then there is little need.  Obviously, the opposite is also true.  Sometimes the Personal Representative simply doesn’t do their job, whether it’s because of lack of advice or misunderstanding, or something more sinister.  In those situations a motion for their removal and replacement may be appropriate.  Other, less drastic remedies, such as requesting that the estate be Supervised by the Court may be adequate.  Sometimes there are simply disagreements on matters, such as valuations, that the court must become involved with.  In other words, whether or not an heir or beneficiary needs representation is purely a matter of the particular situation, and comfort.

Email us if you need more information, or if you are considering having us represent you.

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  1. Cheryl Johnson-Gibson on June 18, 2012 at 7:01 am

    Richard, I was recently named as co-administrator on my Father’s will (passed away 8 June). He lived in Gasconade County. I do not want to be an Executor. Do you have a standard renunciation letter I could pay you for? I assume it would need to be notarized and filed with the county probate court? Thanks!

    • Rick on June 18, 2012 at 1:15 pm

      I would not spend the money to have me, or anyone else do this. Whenever someone applies to be appointed they will likely ask for you to sign a waiver at that time. I do encourage you to have any successor to you that may be named in the will to apply promptly. If you are in possession of the original Will you are required by Missouri Law to deliver it to the Probate Court.
      I hope this is helpful.

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