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Estate Litigation; Time Limit to Appoint Personal Representative/Executor

Missouri’s probate code has two principal goals: (1) provide a speedy method for administering a decedent’s estate and (2) establish a time after which claims are forever barred against an estate. North v. Hawkinson, 324 S.W.2d 733, 736 (Mo. 1959). In furtherance of these objectives, Missouri rigidly applies a general one (1) year limitation period for […]

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Fraud Under the Probate Code

Fraud under the probate code is a legal claim in Missouri codified in Section 472.013 RSMo. It states as follows:  Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code, or if fraud is used to avoid or circumvent the provisions or purposes of this code,any person injured […]

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Administrator Ad Litem Pending Will Contest

There is a certain period of time to challenge the validity of a Will in Missouri. If no timely challenge is made, then any challenge is barred and the Will is binding. Assuming that a Will contest is timely initiated,  several procedural and substantive mechanisms come into play and become available, particularly as applied to […]

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Probate Missouri Personal Representative (Executor, Administrator)

Under Missouri Law, the Personal Representative is the individual appointed to administer and wind-up a decedent’s estate. This is essentially the same thing as an “administrator” or “executor” in other states. A court’s issuance of either Letters Testamentary or Letters of Administration will allow a personal representative to take charge of an estate. Before making […]

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