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business litigation
trust and estate litigation
Saving the family farm from being sold
to pay estate expenses
We were retained to represent our client following the
entry of an Order by the Probate Court for Carter County, Missouri,
authorizing the sale of approximately 700 acres of real estate located in
Southeast Missouri. Our client was the ex-husband of the decedent, who
died without a will leaving two minor children as her only heirs.
Following her death, the children's father was appointed their guardian
and conservator, and was acting on their behalf in the probate
proceedings.
The real estate in question had been in the family for
nearly 100 years, and its value far exceeded any claims or debts of the
estate. Nevertheless, the probate court had ordered the property sold at
the request of the personal representative, who argued that it was
impractical for the minor heirs to manage or operate the property.
When we were retained, the property was scheduled for a
public auction within ten days. We filed an appeal of the Probate Court's
order and successfully obtained a stay of the sale pending resolution of
the appeal. Thereafter, we successfully negotiated a resolution that
allowed a limited amount of the acreage to be sold to pay legitimate debts
and claims of the estate, but preserved the rest of the real estate for
the minor children.
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