Probate Process For A House In Chesterfield, MO
Without the right kind of trust in place, probate usually follows a person's passing. Probate is the process by which the decedent's debts are settled and his or her property (held on his or her name alone and not otherwise legally distributed) is transferred to beneficiaries and heirs. Typically, the probate process follows four steps.
- The first step involves filing a petition with the probate court to admit the will and appoint an executor or, if there's no will, to appoint an administrator of the estate. A hearing date is set, and a notice of the hearing is published locally.
- After being appointed by the court, the decedent's personal representative gives notice to all creditors, and an inventory of the estate is made.
- After determining which claims are legitimate, the personal representative pays all expenses, debts, and taxes from the estate. Sometimes, this involves selling estate assets to meet obligations.
- Assets (legal title to a house, for instance) are disbursed according to the decedent's wishes expressed in the will or, in case there is no will, according to the state's intestate succession laws.
Common Probate Scams In Chesterfield, Missouri
These are some new twists on old scams that owe their re-birth (and effectiveness) chiefly to the internet and email. They always, however, target the vulnerable.
- Probate Avoidance Scam – The perpetrators of this scam usually target the elderly. It involves persuading victims to buy fraudulent products that purport to help them avoid probate, for example, a very expensive living trust kit. Once the scammers have the money in their hands, they either never deliver or provide a product that is actually legally useless.
- Inheritance/Estate Tax Scam – Some states still levy an inheritance or estate tax. Using a trusted person's or organization's name, scammers contact potential executors/personal representatives informing them that they stand to inherit a bunch of money. The only catch is that – because in these states the tax must be paid before probate can go forward – the victims must first send the scammers an inflated tax.
- Fraudulent Listings Scam – This one owes its effectiveness to the popularity of sites like Craigslist for home shoppers, especially renters, and applies particularly to the probate process for a house in Chesterfield, MO. Scammers research the property of recently deceased individuals and advertise it for rent. Then, when the scammers collect the deposit and first month's rent, they disappear, leaving the people engaged in probate to deal with the upset victim.
Sell My House In Chesterfield, MO
If you're facing probate, especially the probate process for a house in Chesterfield, MO, it's probably not as ominous and frightening as it first seems. Knowing what it involves and being aware of the common probate scams are good first steps – but there's more to consider.
But you can directly sell your house in St. Louis here at Chris Buys Homes in St. Louis. We have experienced Missouri home buyers that will help sellers like you to get away from the stress brought from dealing with the probate process and scams.