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To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
Missouri is a fact-pleading state, which means that, in order to survive a motion to dismiss, plaintiff ?must allege facts? supporting each element of his claim.
55.07. When a party intends in good faith to deny only a part or a qualification of an averment, the party shall specify so much of it as is true and shall deny only the remainder. A party shall respond to all specific averments as provided in this Rule 55.07 and shall not generally deny all the specific averments.
In state court claims in Missouri, the first pleading in a lawsuit is called a petition. Defined by Black's Law Dictionary: Pleading: In federal civil procedure, the main pleadings are the plaintiff's complaint and the defendant's answer.
55.28. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
Missouri requires that an estate be over $40,000 in order to go through a standard probate process. Otherwise, it will undergo a simplified probate process. Wills and testaments must be filed within one year of death with the Probate Division of the Circuit Court.
Rule 4-1.16(c) provides: ?A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation unless the lawyer has filed a notice of termination of limited appearance.