reglab/housing_qa huggingface dataset:
MO Rev Stat § 473.399 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.399 - Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — exceptions.

Effective - 28 Aug 1990   473.399. Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — exceptions. — 1. As used in this section, the following terms mean:  (1) "Assistance", funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, aid to families with dependent children shall not be considered assistance;  (2) "Obligor estate", the estate against which an obligation under this section arises;  (3) "Recipient", a person to whom or on whose behalf assistance is provided;  (4) "State agency", the department of social services, department of health and senior services and department of mental health of the state of Missouri.  2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472, 473, 474 and 475. The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.  3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.  4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.  5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398.  6. Claims shall not be filed under this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received. ­­-------- (L. 1990 H.B. 1725 § 1)  (2008) Section's definition of estate does not include all non-probate transfers and thus is insufficiently broad to allow recovery by State of Medicaid benefits from estate of recipient's surviving spouse. In re Estate of Shuh, 248 S.W.3d 82 (Mo.App.E.D.).  (2008) Section authorizing State to receive reimbursement from Medicaid recipient's estate after recipient's death or from estate of recipient's spouse after death of spouse is preempted by federal statute. In re Estate of Bruce, 260 S.W.3d 398 (Mo.App.W.D.).
MO Rev Stat § 473.403 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.403 - Allowance of claims — court's duties — allowance by personal representative.

Effective - 01 Jan 1981   473.403. Allowance of claims — court's duties — allowance by personal representative. — 1. Except as provided in subsections 2 and 3 hereof, no claimant is entitled to payment unless his claim has been duly filed and allowed by the court. Upon the adjudication of any claim the court shall allow it in whole or in part, or disallow it. The order allowing the claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate in which case the judgment shall be rendered accordingly.  2. Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and credit may be had therefor in his settlement, provided the same is either paid or filed within the time prescribed by section 473.360; but, if written exceptions thereto are duly filed by any interested party within the time allowed for filing exceptions to the final settlement of the personal representative, hearing by the court shall be had thereon. On such hearing the burden is on the personal representative to prove that the estate was liable on the claim for the amount so paid. If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be sustained.  3. Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed in the discretion of the court at any settlement regardless of whether or not they have been paid by the personal representative. ­­-------- (L. 1955 p. 385 § 152, A.L. 1969 p. 553, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 473.407 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.407 - Defenses against claims.

Effective - 28 Aug 1955   473.407. Defenses against claims. — Any executor or administrator may assert the same offsets and other defenses against any suit or other proceeding instituted against the estate of his testator or intestate which he might have made in his lifetime. ­­-------- (RSMo 1939 § 191, A.L. 1955 p. 385 § 153)  Prior revisions: 1929 § 192; 1919 § 191; 1909 § 200
MO Rev Stat § 473.410 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.410 - Offsets or counterclaims — personal representative to list — how asserted — procedure — judgment.

Effective - 01 Jan 1981   473.410. Offsets or counterclaims — personal representative to list — how asserted — procedure — judgment. — The personal representative shall file a statement of all offsets or counterclaims against the creditor not less than twenty days prior to the date of hearing. The court may permit the statement to be filed in less than twenty days prior to the date of the hearing for good cause. Upon hearing of the claim and offsets or counterclaims the court shall determine the amount due by and against the estate and render judgment in favor of or against the estate for the net amount. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases. An offset may or may not diminish or defeat the recovery sought by the opposing party. Such offset may claim relief exceeding in amount or different in kind from that sought in the claim of the creditor. ­­-------- (L. 1955 p. 385 § 154, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 473.413 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.413 - Hearing and disposition of claims — notice.

Effective - 01 Jan 1981   473.413. Hearing and disposition of claims — notice. — Each court may provide by rule for the time and notice of hearing and disposition of claims filed therein or may set any individual claim or claims for hearing irrespective of rule. Except when ordered by the court for cause or upon agreement of the parties the time for hearing of any claim shall not be fixed at any time before the expiration of twenty days after notice thereof has been served on the personal representative. ­­-------- (L. 1955 p. 385 § 155, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 473.423 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.423 - Claim of personal representative — how established — procedure — fee.

Effective - 01 Jan 1981   473.423. Claim of personal representative — how established — procedure — fee. — A personal representative may establish a claim against the estate by proceeding against his corepresentative in the manner prescribed for other persons; but if there is no corepresentative, he shall file his claim and other papers, and, unless the persons whose interests would be adversely affected consent thereto in writing, the court shall appoint some suitable person as administrator ad litem to appear and manage the defense. The fee allowed to the administrator ad litem shall be charged against the claimant as costs unless the claimant can show that the claim arose prior to decedent's death or, that by advancing funds on behalf of the estate, the estate was benefitted thereby, in which event the fee allowed the administrator ad litem shall be charged as costs against the estate and paid as an expense of administration. ­­-------- (RSMo 1939 § 202, A.L. 1955 p. 385 § 158, A.L. 1980 S.B. 637)  Prior revisions: 1929 § 203; 1919 § 202; 1909 § 211  Effective 1-01-81
MO Rev Stat § 473.427 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.427 - Compromise of claims against estate.

Effective - 28 Aug 1980   473.427. Compromise of claims against estate. — When a claim against the estate has been filed or suit thereon is pending, the creditor and personal representative, if it appears for the best interest of the estate, may compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. ­­-------- (L. 1955 p. 385 § 159, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 473.430 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.430 - Payments of claims and statutory allowances in order of classification — proportional payment — priority.

Effective - 01 Jan 1981   473.430. Payments of claims and statutory allowances in order of classification — proportional payment — priority. — All claims and statutory allowances against an estate shall be paid by the personal representative, as far as he has assets, in the order specified in section 473.397; and no claim or statutory allowance of one class shall be paid until all previous classes are satisfied or it appears that there are sufficient assets to satisfy all previous classes. If there are not sufficient assets to pay the whole of any one class, claims shall be paid in proportion to their amounts. Exempt property, family allowance and homestead allowance have priority for payment, in the order listed, among themselves. ­­-------- (RSMo 1939 § 207, A.L. 1955 p. 385 § 160, A.L. 1980 S.B. 637)  Prior revisions: 1929 § 208; 1919 § 207; 1909 § 216  Effective 1-01-81
MO Rev Stat § 473.433 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.433 - Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when.

Effective - 23 May 1996   473.433. Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when. — 1. Prior to the expiration of six months after the date of the first publication of letters, no personal representative shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except costs and expenses of administration, unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or acknowledged by the personal representative in writing to be a just claim.  2. Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient assets to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by final judgment.  3. If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he deems necessary in connection therewith.  4. Notwithstanding sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all interested parties.  5. No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been served upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367. ­­-------- (L. 1955 p. 385 § 161, A.L. 1969 p. 553, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494)  Effective 5-23-96  (1995) Six-month bar also applies in conservatorships. Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo.App.W.D.).
MO Rev Stat § 473.437 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.437 - Extension or renewal of encumbrances of assets.

Effective - 01 Jan 1981   473.437. Extension or renewal of encumbrances of assets. — When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, pursuant to agreement with the holder of the encumbrance, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. ­­-------- (L. 1955 p. 385 § 162, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 473.440 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.440 - Enforcement of judgment, attachment or execution liens which attached prior to decedent's death.

Effective - 01 Jan 1981   473.440. Enforcement of judgment, attachment or execution liens which attached prior to decedent's death. — When any real or personal property of an estate is bound by the lien of any judgment, attachment or execution, which attached prior to the death of decedent, the personal representative, when the best interests of the estate require, may obtain the redemption thereof, except that, if the estate is insolvent, the property subject to the lien shall be sold in the manner provided by law for the sale of property for the payment of obligations of the estate. The proceeds of the sale shall be used first to satisfy and pay the judgment or execution without regard to the classification thereof, except that claims in classes one through seven* of section 473.397 have precedence over such liens, and the residue, if any, shall be administered as other assets. If there is more than one judgment, attachment or execution lien, and the estate is insufficient to pay all of them, they shall be paid according to their priority, or, if they are of equal priority, the proceeds shall be applied to the several liens in proportion to their respective amounts. ­­-------- (L. 1955 p. 385 § 163, A.L. 1980 S.B. 637)  Effective 1-01-81  *Seventh class was renumbered to eighth class in section 473.397 by S.B. 806, 2018. CROSS REFERENCES:  Attached property of decedent to be sold only under administration proceedings, 521.450, 521.460  Executions not to issue against executor or administrator, when, 513.075  Executors or administrators not to be summoned as garnishees, when, 525.030
MO Rev Stat § 473.443 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.443 - Proceedings where real estate has been sold under junior judgment.

Effective - 01 Jan 1981   473.443. Proceedings where real estate has been sold under junior judgment. — 1. If real estate, being or having been bound by the liens of several judgments or attachments, has been sold under a junior judgment, the personal representative shall file a petition alleging the fact of the sale, the name of the plaintiff in the junior judgment, the name of the purchaser, the dates and amounts of the several judgments and attachments, and the names of the persons in whose favor the several judgments were rendered, or such attachments are prosecuted.  2. The court thereupon shall cause a copy of the petition to be served, in the manner provided by statute or civil rule, upon the plaintiff in the judgment under which the real estate was sold and the purchaser thereof, together with an order that unless good cause to the contrary is shown, at a date fixed by the court, an order will be made for the sale of the whole or so much of the real estate as is sufficient to pay the prior judgments or attachments.  3. The purchaser of the real estate has the privilege of paying the prior judgments at any time within three months after the date of the service of the petition, or, in case of attachments, within the time specified in section 473.360.  4. If the purchaser of the real estate under the junior judgment fails to pay the prior judgment, or judgment upon prior attachments, or both, within the time prescribed in subsection 3 above, the real estate shall be sold in the manner provided by law for the sale of real estate of decedents free from the encumbrance of the title derived from the sale under the junior judgment, and the proceeds of the sale shall be disposed of according to law. ­­-------- (RSMo 1939 § 151, A.L. 1955 p. 385 § 164, A.L. 1980 S.B. 637)  Prior revisions: 1929 § 152; 1919 § 151; 1909 § 160  Effective 1-01-81
MO Rev Stat § 473.444 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.444 - Limitations on filing claims — when claims barred.

Effective - 13 Jul 1989   473.444. Limitations on filing claims — when claims barred. — 1. Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division, or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.  2. Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this law and not otherwise. ­­-------- (L. 1989 H.B. 145)  Effective 7-13-89  (2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate. In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.).  (2010) Section is self-executing and does not require sufficient state involvement to implicate due process protections. State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).
MO Rev Stat § 473.457 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 473 - Probate Code — Administration of Decedents' Estates|Section 473.457 - Sale of property under power in will.

Effective - 28 Aug 1955   473.457. Sale of property under power in will. — 1. The sale and conveyance of property under a will shall be made by the acting executor or administrator with the will annexed, if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.  2. Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein designated, the court may direct the exercise thereof by a successor executor or administrator or by some other person. The court has full power to supervise the exercise of such powers and to make such orders as are necessary to effectuate the will of testator.  3. When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine. ­­-------- (RSMo 1939 § 132, A.L. 1955 p. 385 § 168)  Prior revisions: 1929 § 133; 1919 § 132; 1909 § 141