Any ideas here??

[mom-from-missouri]

My ex died. The signed copy of the will is gone, but then again so is almost everything that he owned at the time he wrote it years ago.

When he died, he was a ward of the state with less than $1000 of assests, including a 97 ford that didn't run, some furniture, tv, computer, kitchen and bedroom goods. There was no real estate, no bank account, no cash.

For the kids, I paid for the funeral.

He owed the state $29,000 in back taxes.

Since his estate is so small, do you think it really needs to go thru probate? Will the state take old furniture and clothes towards the debt?? On one site I saw where "family allowance" and "funeral bills" came before other debts.

The court house told me to come in after we get the certified death certificates and fill out a form for $53 and they could tell me more then. Talked to 2 lawyers and they each wanted $2500 or more, which seems stupid for less than $1000 of goods. If it wasn't for the kids, I wouldn't pursue it, but there are some items they want.

[creditcardfree]

Is there free legal aid in Missouri? I would look that up. Call to see if they can give some free general advice over the phone.

If needed I would pay the $53 prior to paying a lawyer for such a small estate.

[marvholly]

Mom
Do you know who the lawyer is that drew up the will so many years ago? If yes then he likely has at least a copy of not the original in his files. A simple phne call could resolve the 'missing will' issue.

However, I do NOT believe it is worthwhile to spend $$ for such a negative value estate. Most likely there is NOTHING there for your kids.

[mom-from-missouri]

The attorney who drew it up has an unsigned copy. The ex didn't show up for his appointment to sign it. He did sign the copies he had, and had at one time shown them to me, and 2 months before he died told me where they were hidden--they aren't there. I assume the girlfriend took and destroyed them.
What is of value to the kids is the photos, photo albums, and some books that mean a lot to them. The landlord will not give the items over without paperwork from the court or an attorney. We even sent the law over, and they said they can't force her to hand them over-its a civil matter. She won't even let the kids have their personal items from there, such as changes of clothing, pj's and a past due library book...

[LMA]

Have you tried talking to the landlord and pleading with him/her personally?

I mean, what is going to happen to this stuff if you don't go through probate. She will probably throw it away...I think.

Other than that it seems you have no choice but pay the $53 and the see if the court can help you

[mom-from-missouri]

Is there free legal aid in Missouri? I would look that up. Call to see if they can give some free general advice over the phone.

If needed I would pay the $53 prior to paying a lawyer for such a small estate.

Legal aid couldn't asnwer--said they have a several month backlog.

[mom-from-missouri]

Have you tried talking to the landlord and pleading with him/her personally?

I mean, what is going to happen to this stuff if you don't go through probate. She will probably throw it away...I think.

Other than that it seems you have no choice but pay the $53 and the see if the court can help you

I'm paying the $53, thats not the issue. The issue is the landlord is acting out of her right to act. It is not her duty, responsibility, or right to take the items. The police and sheriff dept said its a civil matter and won't or can't help.

[cptacek]

Maybe you could go to a TV station and expose what the landlord is doing? Publicly shaming a woman when a kid's father just died and they can't get their favorite jammies might be effective.