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MY AUNT DIED NO HUSBAND, CHILDREN OR WILL TO BE FOUND. MY COUSINS SAY HER ESTATE IS THEIRS AFTER SIX MONTHS. IS THIS TRUE?

Farmington, MO |

LIVE IN MISSOURI. MY AUNT HAS TWO SURVIVING SISTERS.

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Attorney answers 2

Posted

When a person dies without leaving a valid Will, their estate passes under the intestacy statutes for the particular state that they resided in. It isn't clear whether you live in Missouri, or whether your aunt resided in Missouri. Maybe both. I've provided you with a link to Missouri's statute on descent and distribution, which spells out who is entitled to receive what share of your aunt's property based upon several family facts that you don't really get into.

If you're concerned about protecting an interest that you or others might have in your aunt's estate, you should seriously consider taking your concerns to a probate attorney near you. Intestate estates are not complicated to calculate (given all of the facts) but they can certainly be confusing for a family that is distant, separated or just unclear on how the law actually works.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

Posted

Under MO intestate succession statutes, your aunts would most likely set the class. If your cousins' mom or dad was a sibling of your aunt then they might take that person's share. Was your aunt a blood relative of yours? If so, you might be entitled to something. As counsel suggested, retain counsel. Sounds like there is a probate estate opened (the "six months" statement hints at this) and a good probate practitioner can figure this out for you.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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