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Ray, Lawyer
Category: Legal
Satisfied Customers: 42189
Experience:  30 years in civil, probate, real estate, elder law
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My dad died Oct 17 without a will. my two brothers and I

Customer Question

my dad died Oct 17 without a will. my two brothers and I want to divide our dads things and property do we need a lawyer or can these things be handled by the three of us
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has anything been filed or reported?
Customer: the policy for his burial was in my youngest brothers name we used the policy to bury my dad however we havent done anything else
JA: Anything else you want the lawyer to know before I connect you?
Customer: my dad owned three houses each of us want one we are all in agreeance what would be our next step
Submitted: 10 months ago.
Category: Legal
Expert:  Attorney2 replied 10 months ago.
You have 2 questions open. When there is no will a personal representative needs to be appointed to handle transferring assets from the estate. Can you tell me where Missouri your father resided at the time of his death?
Expert:  Attorney2 replied 10 months ago.
Are you online with me?
Expert:  Ray replied 10 months ago.

Ray a new expert to help you.You will need to file application for probate and be appointed administrator of the estate.Missouri applies the laws of intestacy here when there is no will.

Expert:  Ray replied 10 months ago.

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:

If you die with:here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits first $20,000 of your intestate property, plus 1/2 of the balance
  • descendants inherit everything else
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • parents and siblings, but no spouse or descendants
  • parents and siblings inherit your intestate property in equal shares
  • parents but no spouse, descendants, or siblings
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything
Expert:  Ray replied 10 months ago.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.