Section 475.370

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 1983   

  475.370.  Exhaustion of estate. — 1.  If the estate of any incapacitated ward or protectee is insufficient to pay his debts, to maintain himself and family, or educate his children, his guardian or conservator may apply to the county commission of the proper county, by petition, setting forth the particulars, and praying for an appropriation from the county treasury for the support of his ward or protectee.

  2.  The petition shall be accompanied by a true and perfect account of the guardianship or conservatorship, an inventory of the estate and effects, and a list of the debts due from such incapacitated person, and it shall be verified by the affidavit of the petitioner.

  3.  If the county commission is satisfied that the estate and effects are insufficient for the purposes above specified, it may order such sum to be paid to the guardian or conservator, out of the county treasury, as to it shall appear reasonable, and cause a warrant to be issued accordingly.

  4.  But no allowance shall be made, at any one time, for a period longer than one year, nor shall the order be made at any time, unless the guardian or conservator has duly accounted, and settled with the probate division of the circuit court, for the moneys and effects which have come to his hands for the support of his ward or protectee, out of the county treasury or otherwise.

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(RSMo 1939 §§ 488, 489, 490, 491, A.L. 1955 p. 385 § 355, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 489, 490, 491, 492; 1919 §§ 485, 486, 487, 488; 1909 §§ 515, 516, 517, 518