Graton, CA Estate Planning Law Firms & Lawyers

In Missouri, the will is a public document if filed with the probate court. However, the question is whether there are any assets in your husband's name that have to be probated. Most couples have everything in joint names so upon the first to die, there is no probate. I believe the children are more interested in finding out if they are getting any of his assets upon his death. There are other ways in Missouri for assets to be passed on without going through probate, including beneficiary deeds, jointly held assets, payable on death and transfer on death. If the children are not getting any assets through any non-probate asset transfer and there are no assets to be probated, be up front with his children and tell them they are not getting anything.

1. If he is willing, give him a personal promissory note payable over time at an agreed interest rate for the amount you agree is the value of his interest. 2. Borrow the amount needed to buy him out for the agreed value of his interest. 3. Agree on the reasonable fair market rental value of the home and pay him his proportionate share of that amount (i.e., if reasonable rental value is $1,000 per month and you each own half, pay him $500 per month that you live there). 4. Sell it now and divide the proceeds rather than fight over the issue.