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Kids right to their late father's inheritence

Asked over 3 years ago - Hamilton, MO

I live in Missouri and my husband passed away almost 5 years ago and his mother just recently passed away in the last week. She had told me that I would receive my husbands part of the money and land that she had when something happened to her. She had three other kids and her other son was made the one to take care of her stuff. They told me that she had a trust and it was in her safe in the house and all it said was her stuff was to be divided amongst her living kids. They wouldn't let me see the paper. My late husband and I had two kids, shouldn't they be entiltled to his part? Should I hire a lawyer and pursue this. We figure with everything it could be a half of a million dollars her land and money is worth.

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Attorney answers (1)

Gregory James Hickel

Reputation Level 9

Answered over 3 years ago. Probate Attorney in Saint Louis, MO.

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I think you should definately hire an attorney to get to the bottom of things, attempt to obtain copies and find out what is going on. Under Missouri law, as heirs, your children, may be entitled to obtain copies of some of the documents. Let me know if I can be of further assistance.

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Other answers (1)

Keith

Answered by a user, over 3 years ago.

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The fact that they won't give you a copy of the trust is not a very good sign--if they are telling the truth about the fact that the etate is only going to be split amongst the living children, then it means that your husband may be essentially disinherited (maybe there was some reason she was displeased with him?). If the trust does not mention a specific reason for his being disinherited, then you might have legal grounds to contest the trust, which will be very expensive in legal fees.

First check at the county courthouse probate court to see if a will has been filed (there probably won't be since she may have put all assets into the trust). If no will has been filed, then you will need to consult with a trust attorney to figure out what your options and whether you have sufficient legal grounds to contest the trust. It looks like she deceived/misled you although I truly hope that this was not the case. Good luck to you.

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