If I don’t own any personal property but my husband did, what do I do now that he is deceased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I don’t own any personal property but my husband did, what do I do now that he is deceased?
He owned the vehicles before we were married and bought a boat while we were married. My name is not on any of these things. Am I responsible for his personal property? Do I have to be added onto his personal property?
Asked on July 9, 2014 under Estate Planning, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. Property in your husband's name alone would have to go through the probate process in order for it to be sold or transferred to the beneficiaries. If there was no Will that property would pass via the intestacy statute of the state of Missouri. Once you are named as the Administrator or Executor of the estate you would have the ability to do so, after debts are paid. Now, if the personal property was worth less that $40,000 you could do a small estate in Missouri. You can use the simplified small estate process in Missouri if the value of the entire estate, less liens and encumbrances, is $40,000 or less. Mo. Rev. Stat. § 473.097. I would suggest you speak with an attorney about the specifics here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.