If someone died intestate 12 years ago, do the heirs still have any rights to her property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone died intestate 12 years ago, do the heirs still have any rights to her property?

Her nieces and nephews were the heirs. We had no say about her estate because one brother of ours had been raised by her. He passed away about 5 years ago and now I believe her property should have gone to all the nieces and nephews. Can these items still be obtained from my late brother’s wife or is it too late?

Asked on March 9, 2013 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The time limit to contest a will in Missouri is within six months “after the date of the probate or rejection thereof by the probate division . . . or within six months after the first publication of notice granting of letters on the estate of the decedent, whichever is later . . . .”  Mo. Rev. Stat. § 473.083.  So also is there a time frame to contest a proceeding based upon the intestate estate.  It is known as a "claims and contest" period where the notice is published so that creditors also have a chance to put in their claim.  If you were a beneficiary under the intestacy statute in Missouri then you should have received notice of the intent to have an administrator or personal representative appointed and the distribution of the estate.  Are you sure that this was even ever done?  You can check in the court records and I would speak with an attorney.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption