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Missouri Petition For Sale of Personal Property

Missouri Petition For Sale of Personal Property

Name: Missouri Petition For Sale of Personal Property
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (353 reviews)

Category:

Missouri Statewide - 22nd Circuit (St. Louis City) - Probate

State:

Missouri

Control #:

MO-SKU-1403

Format:

Instant download

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Description

Petition For Sale of Personal Property The Missouri Petition for Sale of Personal Property is a legal document used to petition a court to order a sale of personal property belonging to a debtor. The petitioner is the party requesting the sale and the debtor is the party against whom the sale is being requested. The petition is used when the debtor is unable to pay their debts, either voluntarily or involuntarily, and the proceeds from the sale of the property will be used to pay off the debt. The petition must include information about the debtor, the creditor, the property to be sold, and any other information the court requires. The court may order an auction or private sale of the property depending on the circumstances. There are two types of Missouri Petition for Sale of Personal Property: voluntary and involuntary. A voluntary petition is filed by the debtor and requires the debtor to agree to the sale of the property. An involuntary petition is filed against the debtor by the creditor and requires the court to order the sale of the property.

The Missouri Petition for Sale of Personal Property is a legal document used to petition a court to order a sale of personal property belonging to a debtor. The petitioner is the party requesting the sale and the debtor is the party against whom the sale is being requested. The petition is used when the debtor is unable to pay their debts, either voluntarily or involuntarily, and the proceeds from the sale of the property will be used to pay off the debt. The petition must include information about the debtor, the creditor, the property to be sold, and any other information the court requires. The court may order an auction or private sale of the property depending on the circumstances. There are two types of Missouri Petition for Sale of Personal Property: voluntary and involuntary. A voluntary petition is filed by the debtor and requires the debtor to agree to the sale of the property. An involuntary petition is filed against the debtor by the creditor and requires the court to order the sale of the property.

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These may include: a copy of the death certificate of the decedent; if the decedent had a will, a copy of the will, and proof that it has been filed with the local probate court; and signed statements of consent from heirs or beneficiaries agreeing to the small estate affidavit process.

A full probate administration must generally be opened within one year from the decedent's date of death. Also, a Will must be filed within one year from the decedent's date of death.

The court shall direct the delivery or transfer of the title or possession, or both, of said property to the person or persons entitled thereto and may attach the person of any party refusing to make delivery as directed.

Under a Texas law known as the "Uniform Partition of Heirs' Property Act," in a situation like yours where siblings own inherited property, and at least one co-owner refuses to sell, the other owner (or owners) who do want to sell can go court and force a sale or a division of the property.

If a deal cannot be made, and one party refuses to sell the property, it may be necessary to bring a partition lawsuit. Sometimes the co-owner of a piece of property is a trust. The trustee of a trust can also bring a partition suit to try and force the sale of the property.

No probate estate can have been opened, commenced, or administered. All of the legal heirs (as specified under Missouri law) and each of the heirs' spouses must be in agreement and willing to cooperate.

When beneficiaries disagree, it can drastically slow the distribution process. In some cases, severe disagreements may even lead to arbitration and estate litigation.

96.01. Owners of interests in land in joint tenancy or tenancy in common, including estates in fee, for life, or for years, may bring an action for partition, if the same can be done without great prejudice to the parties in interest, and, if not, then for a sale of the property, and a division of the proceeds thereof.

More info

(a) A sale of estate personal property shall be reported to the court. Sec. 1158.102. REQUIREMENTS FOR APPLICATION AND ORDER.Neither the County Clerk nor the Court have forms for the application and other documents necessary for the creation of a guardianship. Effective September 1, 2003, all outstanding documents of title are considered to be Statements of Ownership. Application for Statement of Ownership Blocks 1 (check "Used" under "Personal Property. Transaction"), 2, 3, 4b, 6 and 10b. Many wills break the estate down into "tangible personal property" and "residue. A. Real property, real estate, and land. The land and all buildings, improvements, fixtures, and rights and privileges connected with the land . The probate court figures out who gets what property.

Missouri Petition For Sale of Personal Property

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