Restitution For Deceased Estate

Summary

In Missouri, restitution payments should go to the deceaseds estate. If the estate wasnt opened within a year, there are exceptions for late probate. Consult a probate attorney or legal aid services for assistance.

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My mother passed away last May, moths prior to her passing her car was stolen and the person responsible was ordered by the court to pay my mother restitution of $*. After she passed I received the a check for * in my mother's name in her mail. When I called the prosecutor a year later to inquire as to why no more payments have been sent he informed me that the restitution is ""over" and no more payments would be sent bc she passed away. I am almost certain that is incorrect according to Missouri law the restitution goes to the decreased person estate and if their isn't one, the state looks for heirs. I am her only child and I do have a notarized last will and testament that I never filed with the state bc I didn't see any reason to a long with a dpoa
Did you inform the court about your mother's passing and your status as the heir? This could be crucial in the restitution process.
No bc I didn't know about all this until months after her passing away when I called about the remaining * they informed me it was illegal for me to cash the first payment check but I am names as sole beneficiary as well as executor to her estate in her will.
Did you inform the court about your status as the executor and sole beneficiary of your mother's estate after learning about the restitution issue?

General Information:
- In Missouri, restitution should go to the deceased's estate.
- Contact your local court for further assistance.
Yes and I was informed no more paymenta would be paid the restitution is "over".
Did you consult with a probate attorney regarding this matter? In Missouri, restitution should indeed go to the deceased's estate. You may need legal assistance to enforce this.
But I didn't open a estate or file her will with the court within a year or her death.
Did you receive any legal advice about the time limit for filing the will and opening the estate in Missouri?

General Information:
- Missouri law allows for late probate under certain circumstances.
- Contact your local probate court for more information.
No bc I didn't see any reason to do either.
Have you considered seeking legal advice now to understand your options better? In Missouri, there are exceptions for late probate under certain circumstances.
Yes but my funds are very limited at this time.
Have you considered seeking help from legal aid services or pro bono attorneys in Missouri? They can provide free or low-cost legal assistance.