☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

< > Effective - 28 Aug 1983 bottom

  473.140.  Removal of personal representative. — If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fails to discharge his official duties, or wastes or mismanages the estate, or acts so as to endanger any corepresentative, or fails to answer any citation and attachment to make settlement, the court, upon its own motion, or upon complaint in writing made by any person interested supported by affidavit, after notice to the personal representative, and to the attorney of record, if any, of any personal representative who cannot be served with notice in this state, shall hear the matter and may revoke the letters granted.

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(RSMo 1939 §§ 10, 43, A.L. 1955 p. 385 § 69, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 10, 43; 1919 §§ 10, 42; 1909 §§ 18, 50

(1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.

(1975) Moving to another state is not equivalent to becoming a "nonresident" absent intent to remain there. In re Estate of Ritter (A.), 518 S.W.2d 453.


---- end of effective  28 Aug 1983 ----

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