Probate Administration

Below are brief summaries of important Missouri appellate cases regarding the administration of a deceased person’s probate estate. Please click on the link below each summary to learn more about that case.

Unnerstall v. Berkemeyer, 298 S.W.3d 513 (Mo. 2009)

RSMo. § 473.050 prevents a will from being presented more than one year after the death of a decedent if notice of letters has not been published already, and thus, a judge should not admit such a will to probate.  Learn More >>

Heidbreder, et al. v. Tambke, 284 S.W.3d 740 (Mo. App. W.D. 2009)

Individuals determined to be heirs under a petition for determination of heirship have standing to bring an action to recover a debt owed to the decedent during his lifetime.  Learn More >>

In the Estate of Bell v. Bell, 292 S.W.3d 920 (Mo. App. W.D. 2009)

In a motion to approve a proposed settlement of a discovery of assets claim, an unsworn statement by a personal representative is not evidence, and where such a statement is the only basis for a trial court’s judgment, that judgment is not based upon substantial evidence.  Learn More >>

Estate of Olsen v. Meyer, 247 S.W.3d 583 (Mo. App. W.D. 2008)

In order to relinquish the rights of inheritance between a husband and wife, a separation agreement must be explicit. In the absence of a dissolution decree or fully executed waiver, the marital rights of a party cannot be severed, regardless of the court’s sense of equities.  Learn More >>

In the Estate of George Macormic, 244 S.W.3d 254 (Mo. App. S.D. 2008)

The State had standing as a creditor to file the petitions for discovery of assets and for an accounting. When the State seeks to recover public assistance expenditures from a decedent’s estate, it becomes a creditor of the estate.  Learn More >>

In re Estate of Davis, 250 S.W.3d 768 (Mo. App. S.D. 2008)

Proof that a father supported his illegitimate child can be shown by clear and convincing evidence through the testimony of witnesses and inferences of the source of the child’s support. It is not necessary to present documentary evidence of the source of the funds used to support the child.  Learn More >> 

In re Estate of Conard, 272 S.W.3d 313 (Mo. App. W.D. 2008)

Where a filing party fails to properly sign its claims against an estate, such an omission is not fatal unless the filing party has failed to promptly correct the omission after it is called to their attention.  Learn More >>

Hendren v. Farmers State Bank, S.B., 272 S.W.3d 345 (Mo. App. W.D. 2008)

A bank cannot be held liable for allowing a fiduciary to fraudulently misappropriate funds under their control unless the bank has either actual knowledge of the fraudulent taking or acted in bad faith with respect to the misappropriation.  Learn More >> 

Estate of Shaw v. McKown, 222 S.W. 3d 289 (Mo. App. W.D. 2007)

For an estate to be responsible for the cost of repairs to an estate property, the personal representative must be in possession of the property and the repairs must be reasonably necessary to preserve the property.  Learn More >>

Standley v. Standley, 204 S.W.3d 745 (Mo. App. S.D. 2006)

In order to appeal any order listed under RSMo. §472.160.1, a notice of appeal must be filed within ten days after the order is entered.  Learn More >>

Gillespie v. Rice, 224 S.W.3d 608 (Mo. App. W.D. 2006)

A court does not have any equitable authority to substitute a party after death or extend the ninety day time limit of Rule 52.13.  Learn More >>

Estate of Lisher v. Lisher, 187 S.W.3d 913 (Mo. App. W.D. 2006)

Removal of a personal representative by court order is not a “discharge” under §473.213, and it does not start the running of the one-year statute of limitations for claims against the personal representative.  Learn More >>

Estate of Brewer v. Brewer, 168 S.W.3d 135 (Mo. App. W.D. 2005).

Where an illegitimate child seeks an intestate share under R.S.Mo. §474.240, the word “recognize” does not refer to the qualitative relationship between the father and child, but merely whether the father knew that the child was biologically his during his lifetime.  Learn More >>