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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33479
Experience:  Retired (mostly)
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I was the administrator of the will and incurred funeral expenses

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I was the administrator of the will and incurred funeral expenses and legal expenses to begin probate proceedings for parent. Younger sibling came up with a surprise will at a later date, hired a lawyer, and filed for probate. I was revoked as administrator and younger sibling was awarded administrator rights. I understand there is a six month window from when probate begins that creditors must file claims. At no time did siblings lawyer attempt to contact me to determine if there were any claims. What recourse do I have to recover my expenses?
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.
RSMo 473.360 provides that any creditor action against a decedent's estate must be filed within six months of the date of first published notice of estate administration, or within two months if notice is actually mailed to or served on the creditor.

If you have not been paid by the administrator of the estate on your claim, then you must file a lawsuit (could be a small claims lawsuit to make things simple), and file notice of the suit with the probate court, no later than six months from the date of published notice of the administration of the estate by your younger sibling.

Hope this helps.
Customer: replied 1 year ago.


Procedurally, was there a step missed by the sibling's lawyer whereby there should have been a request made of my attorney to convey all knowledge of claims.

Expert:  socrateaser replied 1 year ago.
If what you are alluding to is that sibling's lawyer engaged in some act or omission which caused you to miss the 6 month deadline, then you would have to sue to recover the money and then convince the court that defendant's wrongful actions should "toll" the statute of limitations. That's not a question for the probate court. It's a question for the court in which you file suit.

There's no way for me to predict the outcome of this issue, because there is no statute or case law on point. You would simply have to sue, make your argument, and hope the court found the defendant's conduct sufficiently egrigious to warrant tolling of the RSMo 437.360 time limit.

Hope this helps.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33479
Experience: Retired (mostly)
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