If someone died intestate 12 years ago, do the heirs still have any rights to her property?
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If someone died intestate 12 years ago, do the heirs still have any rights to her property?
Her nieces and nephews were the heirs. We had no say about her estate because one brother of ours had been raised by her. He passed away about 5 years ago and now I believe her property should have gone to all the nieces and nephews. Can these items still be obtained from my late brother’s wife or is it too late?
Asked on March 9, 2013 under Estate Planning, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The time limit to contest a will in Missouri is within six months “after the date of the probate or rejection thereof by the probate division . . . or within six months after the first publication of notice granting of letters on the estate of the decedent, whichever is later . . . .” Mo. Rev. Stat. § 473.083. So also is there a time frame to contest a proceeding based upon the intestate estate. It is known as a "claims and contest" period where the notice is published so that creditors also have a chance to put in their claim. If you were a beneficiary under the intestacy statute in Missouri then you should have received notice of the intent to have an administrator or personal representative appointed and the distribution of the estate. Are you sure that this was even ever done? You can check in the court records and I would speak with an attorney. Good luck.
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