Full question:
regarding an 'affidavit as to heirs'...must ALL children of deceased be listed? Sister-in-law wants my husband (her brother) to sign affidavit and it does NOT list the other two (adult) children. Her and her brother are on the mortgage note along with deceased dad. She says this will keep the estate from going to probate and disengage all current debt And this affidavit will also allow the other sister (one not listed on affidavit) to secure current company owned personally by deceased dad (not inc or llc or ...) to re-title company as an LLC - something doesn't smell right to me. The two are already on the mortgage, I don't see how this protects ANYONE. TY
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- State: Missouri
Answer:
An heirship affidavit must include the names, addresses, and relationships of all persons entitled to inherit from the deceased. This means that all children of the deceased should be listed, even if they are not involved in the mortgage or other debts.
In Missouri, if the estate's total value is under $40,000, it may be handled with a small estate affidavit, which can avoid probate. The affidavit must be filed with the court and include details about the estate's assets, debts, and the heirs. It also needs to state that all claims against the estate will be settled.
It's important to note that a relative can disclaim their inheritance, but if they are entitled to a share under intestacy laws, they should be included in the affidavit. The affidavit serves to protect the distributees from claims against the estate, but it does not eliminate existing debts.
For more information, you can refer to Missouri statute 473.097 regarding small estates and the procedures involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.