Legal Opinion · Dissent

BASLER, ESTATE OF v. Delassus

Supreme Court of Missouri

Decided May 29, 1985No. 66344Published

1DissentDonnelly, Judge

The principal opinion expands the authority of a personal representative as to real property beyond the scope mandated by the legislature. Apart from usurping the legislative role, it endangers the marketability of the real property disposed of in accordance with it. In so doing, it only delays the intervention of the courts in such transfers.

The 1980 revisions of the Missouri Probate Code did not alter probate law to the extent proposed by the Uniform Probate Code. The chief difference concerns the extent to which administration of estates is permitted to proceed independently of court…

2Cases cited5 opinions

  1. Strumberg v. Mercantile Trust CompanySupreme Court of Missouri · 1963
  2. Estate of Dildine v. DeHartSupreme Court of Missouri · 1922
  3. Bailey v. RichardsonMissouri Court of Appeals · 1984
  4. Hill v. MorrisonMissouri Court of Appeals · 1969
  5. Flynn v. DanforthMissouri Court of Appeals · 1976

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