How long do I have to appeal a probate court decision in MO?

Asked over 1 year ago - Saint Louis, MO

My husband died and a probate judge ruled that I had to split our stamp collection with my husband's children from his first marriage . It is valuable but more sentimental to me . Can I appeal through a lawyer ? Does my appeal have to be filed within a certain time frame ? Please help .

Attorney answers (5)

  1. M. Todd Miller

    Contributor Level 16

    4

    Lawyers agree

    Answered . Discuss this with local counsel immediately. Time is of the essence to file an appeal.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more
  2. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can appeal, but yes, you need a lawyer, and yes, the appeals period can be VERY limited. You want to meet with a probate lawyer RIGHT AWAY to determine what would be involved, and whether it makes sense to pursue this. There may be other ways of dealing with this, as well. If the collection has been appraised and the children are willing to accept cash instead of stamps, then you may be able to retain the collection in its entirety. If you can work something like that out, it would likely be preferable to further court proceedings. The chances of overturning the judge's decision on appeal are uncertain, at best.

    James Frederick

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  3. Lawrence Joseph Robertson

    Pro

    Contributor Level 2

    2

    Lawyers agree

    Answered . This is a matter that should be discussed with a LAWYER IMMEDIATELY. The
    time allowed for appeal is SHORT. I do not know what kind of judgment
    there is entered in this. If it is a written order, take it to an
    attorney NOW.

    Lawrence J. Robertson, Esq.
    >

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  4. Leonard Komen

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Assuming this is in the St. Louis area, it can be treated as any court judgment. It is final 30 days after entered and then you have 10 days to file an appeal. That appeal goes to the Missouri Court of Appeals, Eastern District. it is extremely technical and you are guaranteed to have the appeal dismissed if you do not have an attorney. Unless half the stamp collection is worth at least $15,000, an appeal is not economically feasible since the costs of the appeal will easily exceed $7,000.00.

    On a side note, the law also provides that on request of the opposing party, the Order will not be final until the final Order closing the estate. That might be a year or longer from now. The good news is that there is plenty of time to appeal. The bad news is that you can do nothing to prevent splitting of the stamp collection in the meantime.

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more
  5. Benicia A. Baker-Livorsi

    Contributor Level 8

    3

    Lawyers agree

    Answered . Time is of the essence when it comes to Missouri appeals -- and probate cases are not different. You need a lawyer in order to properly appeal the probate court's rulings -- although you are allowed to represent yourself. The right to appeal any probate Judgment is purely statutory -- which means that Missouri legislators have to specifically give you the right to appeal the action you are challenging.

    Missouri probate law mandates that you file an appeal within 10 days of the date the judgment is final. Most probate orders are "interlocutory" -- which means that the order isn't final. If the order isn't final AND it is a type of order allowed to be appealed -- you have to file your Notice of Appeal within 10 days of the entry.

    If you are out of time, you might be able to file a request to file your appeal out of time -- but you really need an experienced Missouri appellate attorney to represent you on this effort.

    Good luck.

    Benicia Livorsi
    Licensed in Missouri
    The Family Law Group, LLC
    636-947-8181

    I am a licensed attorney practicing in the St. Louis/ St. Charles, Missouri areas. Our firm's answers to... more

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