Found Deceased MO - John Forsyth, 49, doctor, Mercy ER Clinic, Cassville, 21 May 2023 *car found* #2

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CLARIFICATION to my post just above.

IF WILL WAS SIGNED BEFORE MAY 10 (or 11?) and IF it had bequests to his divorced wife, by Mo. Statute (in my post above), those provisions are revoked, and the ESTATE ADMINISTERED THRU THE PROBATE COURT is distributed as if the divorced spouse died at the time of the divorce. (IIUC)

I wonder if he was aware of this.
 
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PROBATE?
I wonder if someone has filed to open probate of JF's estate, whether he had a will or died intestate.

My search by "litigant name" on www.courts.mo.gov/cnet yielded no match.

Any other suggestions for searching??? TiA.

__________________________________

Litigant Name Search
Required Information
Search for cases in:..... All Participating Courts
Last Name: or Business name..... Forsyth

Optional Information
First Name: ..... John
Middle Name:
Case Type: .....Probate
Year Case was Filed: .....2023

RESULT:
"Displaying records returned for parties with a name of Forsyth, John for Probate case types in ALL court locations."

"Your query returned no matches to be viewed at this site. Please try another search or contact the court directly."
 
al66pine said:
PROBATE?
I wonder if someone has filed to open probate of JF's estate, whether he had a will or died intestate.

My search by "litigant name" on www.courts.mo.gov/cnet yielded no match.

Any other suggestions for searching??? TiA.

__________________________________

Litigant Name Search
Required Information
Search for cases in:..... All Participating Courts
Last Name: or Business name..... Forsyth

Optional Information
First Name: ..... John
Middle Name:
Case Type: .....Probate
Year Case was Filed: .....2023

RESULT:
"Displaying records returned for parties with a name of Forsyth, John for Probate case types in ALL court locations."

"Your query returned no matches to be viewed at this site. Please try another search or contact the court directly."
Click to expand...


iirc, not all counties & municipalities use casenet? Not sure I've ever noticed a Probate case there.

Perhaps if there is nothing contested nothing is displayed?

Wonder if any will might be handled where his ex-wife & their children live?

@PrairieWind any experience with Probate in Missouri?

jmho ymmv lrr
 
al66pine said:
PROBATE?
I wonder if someone has filed to open probate of JF's estate, whether he had a will or died intestate.

My search by "litigant name" on www.courts.mo.gov/cnet yielded no match.

Any other suggestions for searching??? TiA.

__________________________________

Litigant Name Search
Required Information
Search for cases in:..... All Participating Courts
Last Name: or Business name..... Forsyth

Optional Information
First Name: ..... John
Middle Name:
Case Type: .....Probate
Year Case was Filed: .....2023

RESULT:
"Displaying records returned for parties with a name of Forsyth, John for Probate case types in ALL court locations."

"Your query returned no matches to be viewed at this site. Please try another search or contact the court directly."
Click to expand...
Makes me think his death was unexpected. He wasn't preplanning. Have you looked at Utah courts?
 
Probate Proceeding Opened Yet?
Laughing said:
iirc, not all counties & municipalities use casenet? Not sure I've ever noticed a Probate case there.

Perhaps if there is nothing contested nothing is displayed?

Wonder if any will might be handled where his ex-wife & their children live?

@PrairieWind any experience with Probate in Missouri? jmho ymmv lrr
Click to expand...
@Laughing Thx for your response. And the ideas.

1. Yes, casenet home/welcome page states not all MO. courts participate.*
So, yes, maybe the MO. circuit ct. where filed does not participate?

2. With a "Litigant Name Search" under "Optional" info is CASE TYPE, and one of the types is "PROBATE," so seems imo a probate case would be displayed.
Even IF some filings would/could(?) be sealed, seems (imo, ICBW), the existence of probate case itself would not be suppressed on casenet database.

3. Contest or no contest (again imo, ICBW), seems like existence would not be suppressed.

4. Generally probate is opened iiuc WHERE the deceased resided, and in MO, circuit courts handle probate cases.**
So would that be in Barry County, in 39th Judicial Circuit---where his motorhome was parked, at/close to Cassville hosp? Or did he have another home in which he resided, perhaps in another county or judicial circuit?

You said--- Maybe probate opened where ex-wife & children live? IDK.
I'm aware of a few situations in which an estate was probated in two different states. Iirc, "primary" probate in Stare #1 where the deceased resided, but because of real property in State #2, titles/ownership tangled up, another probate proceeding there. IDK whether the situation here is similar.

@PrairieWind Any thoughts on this? TiA.
___________________
* "Only courts that have implemented the case management software as part of the Missouri Court Automation Program and only cases that have been deemed public under the Missouri Revised Statutes can be accessed through Case.net."

** Website for MO. circuit courts has a tab for "Court Forms."
Then a sub tab for "Probate Forms" (only some available).
 
Last edited:
al66pine said:
Probate Proceeding Opened Yet?

@Laughing Thx for your response. And the ideas.

1. Yes, casenet home/welcome page states not all MO. courts participate.*
So, yes, maybe the MO. circuit ct. where filed does not participate?

2. With a "Litigant Name Search" under "Optional" info is CASE TYPE, and one of the types is "PROBATE," so seems imo a probate case would be displayed.
Even IF some filings would/could(?) be sealed, seems (imo, ICBW), the existence of probate case itself would not be suppressed on casenet database.

3. Contest or no contest (again imo, ICBW), seems like existence would not be suppressed.

4. Generally probate is opened iiuc WHERE the deceased resided, and in MO, circuit courts handle probate cases.**
So would that be in Barry County, in 39th Judicial Circuit---where his motorhome was parked, at/close to Cassville hosp? Or did he have another home in which he resided, perhaps in another county or judicial circuit?

You said--- Maybe probate opened where ex-wife & children live? IDK.
I'm aware of a few situations in which an estate was probated in two different states. Iirc, "primary" probate in Stare #1 where the deceased resided, but because of real property in State #2, titles/ownership tangled up, another probate proceeding there. IDK whether the situation here is similar.

@PrairieWind Any thoughts on this? TiA.
___________________
* "Only courts that have implemented the case management software as part of the Missouri Court Automation Program and only cases that have been deemed public under the Missouri Revised Statutes can be accessed through Case.net."

** Website for MO. circuit courts has a tab for "Court Forms."
Then a sub tab for "Probate Forms" (only some available).
Click to expand...
Hi there. I am not licensed in Missouri so I don't know for sure. But I'd say you probably covered the bases on this. Typically a probate is filed where the deceased resided. If he owned property in other states, there would maybe need to be an ancillary probate in those areas. But maybe no one has filed a probate yet.
 
Probate. Cause of Death; Method of Death.
[
Rosydecember said:
maybe they can’t probate until COD is determined? Not sure if one has been established yet, at least not publicly released. Do we know if it was murder or suicide?
Click to expand...
@Rosydecember
Respectfully, afaik no legal basis barring anyone from FILING to open probate because CoD and MoD have not been determined (or as you said, at least not publicly revealed).

IF a med examiner issues Death Cert w CoD & MoD pending, IDK whether that would be a legal basis to bar FILING to open probate. ME could still be waiting for tox test results, IDK.
In some circumstances, actually DISTRIBUTING probate estate assets may be delayed, but that's not happening here.*
I'm aware of a few cases (can't recall names atm), where distribution of probate estate assets was delayed, after an apparent distributee had been criminally convicted in death of the deceased and therefore barred (by a state's Slayer Statute) from receiving assets. In those cases, the distribution was made to others.


Method of Death? Apologies from Officer Obvious ;)
If AR. med. examiner rules MoD as suicide, will MO. and/or AR. LE close death investigation? Seems likely.
OTOH if MoD is classified as a homicide, seems likely one or both agencies would continue investigation, hopefully in a cooperative spirit.

@PrairieWind Any thoughts? I am open to correction or clarification. TiA.
imo
_________________________
* Per MO. statute, after probate is opened and notice to creditors is published, there's a SIX MONTH period for creditors to submit claims. Then more time --- likely months, possibly longer --- before final distribution of estate.
^ What Is Probate? | Missouri Legal Services
^^^plain language info.^^^ or see
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Chapter 472 (plain language info.)
 
Last edited:
The cause of death should not really have anything to do with a probate. ( Be aware that I use the term "probate" loosely here to encompass any sort of estate filings whether that includes an actual probate or not). What is needed is a death certificate. Typically that is available within 2 weeks. Even if a cause of death is still undetermined, a death certificate should be available, though it may later be amended.
 
Meant to say "MANNER" of Death, Not "Method" of Death in post earlier this a.m. So repeating w corrections.
al66pine said:
Probate. Cause of Death; Manner of Death.

@Rosydecember
Respectfully, afaik no legal basis barring anyone from FILING to open probate because CoD and MoD have not been determined (or as you said, at least not publicly revealed).

IF a med examiner issues Death Cert w CoD & MoD pending, IDK whether that would be a legal basis to bar FILING to open probate. ME could still be waiting for tox test results [ETA: in this case], IDK.
In some circumstances, actually DISTRIBUTING probate estate assets may be delayed, but that's not happening here.*
I'm aware of a few cases (can't recall names atm), where distribution of probate estate assets was delayed, after an apparent distributee had been criminally convicted in death of the deceased and therefore barred (by a state's Slayer Statute) from receiving assets. In those cases, the distribution was made to others.

Manner of Death? Apologies from Officer Obvious ;)
If AR. med. examiner rules MoD as suicide, will MO. and/or AR. LE close death investigation? Seems likely.
OTOH if MoD is classified as a homicide, seems likely one or both agencies would continue investigation, hopefully in a cooperative spirit.

@PrairieWind Any thoughts? I am open to correction or clarification. TiA.
imo
_________________________
* Per MO. statute, after probate is opened and notice to creditors is published, there's a SIX MONTH period for creditors to submit claims. Then more time --- likely months, possibly longer --- before final distribution of estate.
^ What Is Probate? | Missouri Legal Services
^^^plain language info.^^^ or see
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Chapter 472 (plain language info.)
Click to expand...
 
Last edited:
Planning for Aftermath of Death? Utah?
gliving said:
Makes me think his death was unexpected. He wasn't preplanning. Have you looked at Utah courts?
Click to expand...
@gliving Thx for your response.

BTW, FWIW, an acquaintance used to say: No death is unexpected, as it is inevitable for everyone; it's the timing that may catch us by surprise.

Not pre-planning? I see JF in another way, as a man of broad visions & far horizons--- all the years of education, med school, internship, residency, etc. and establishing the crypto currency-related businesses, etc.
But perhaps those long-game strategies did not extend to personal legal & financial planning for his demise. IDK.

We can't really tell from quick searches not yet revealing probate actions.

Utah court?
I recall seeing references to corp. filings that named JF as an officer, or principal in some businesses incorporated in Utah, some years back. IDK if he was a Utah resident at any point, could have been. But from MSM info, afaik, at time of his death, JF was a resident of ___(?) County in southwestern MO, and a probate proceeding, if any, would be/will be appropriately filed in the circuit court for that county.
If there is any basis for opening probate in Utah, I'm not aware of it.

As always, on points of law, welcoming correction or clarification esp'ly from our legal professionals.
 
Maybe No Probate Needed? An Award Winning Post.
PrairieWind said:
Maybe he had good estate planning and probate or any kind of estate isn't necessary at all.
Click to expand...
@PrairieWind
If so, I hope it was drafted w advice of estate planning counsel experienced to safely navigate these circumstances which could be ripe for litigation.
 
al66pine said:
PROBATE?
I wonder if someone has filed to open probate of JF's estate, whether he had a will or died intestate.

My search by "litigant name" on www.courts.mo.gov/cnet yielded no match.

Any other suggestions for searching??? TiA.

__________________________________

Litigant Name Search
Required Information
Search for cases in:..... All Participating Courts
Last Name: or Business name..... Forsyth

Optional Information
First Name: ..... John
Middle Name:
Case Type: .....Probate
Year Case was Filed: .....2023

RESULT:
"Displaying records returned for parties with a name of Forsyth, John for Probate case types in ALL court locations."

"Your query returned no matches to be viewed at this site. Please try another search or contact the court directly."
Click to expand...
anything in these instructions?
 
acutename said:
anything in these instructions?
Click to expand...
as per this info, should be in case net

PROBATE
Probate case information is available for all public cases that were pending as of, or filed after, July 11, 2005. Probate judgments entered prior to July 11, 2005 are not included in Case.net. If you are looking for a judgment entered prior to July 11, 2005 you must review the judgment index located at the Barry County Courthouse, Associate Division, in Cassville, Missouri.

MISSOURI ELECTRONIC FILING SYSTEM
Effective January 1, 2012, electronic records are viewable at the public access terminal at the court house. Case records in Barry County are available electronically for the above referenced case types beginning September 2, 2014. Contact the court for the availability of electronic records prior to this date.


maybe no filings yet?
 
Search for Probate?
acutename said:
anything in these instructions?
Click to expand...

@acutename. Thank you very much for your response.

IIUC, your link is a tutorial for someone who actually wants to file the legal doc's to open probate, to be appointed executor or administrator, to get the ball rolling, & eventually the assets DISTRIBUTED. Could be a fam. member or an atty.

IIUC, link is not geared to ppl (like me) who merely want to KNOW if probate has been opened for JF's estate and to follow the legal proceedings (that is, if & when it happens).

Welcoming correction or clarification.
 
Searching for Probate? Where Did JF Reside at Time of Death?
acutename said:
as per this info, should be in case net

PROBATE
Probate case information is available for all public cases that were pending as of, or filed after, July 11, 2005. Probate judgments entered prior to July 11, 2005 are not included in Case.net. If you are looking for a judgment entered prior to July 11, 2005 you must review the judgment index located at the Barry County Courthouse, Associate Division, in Cassville, Missouri.

MISSOURI ELECTRONIC FILING SYSTEM
Effective January 1, 2012, electronic records are viewable at the public access terminal at the court house. Case records in Barry County are available electronically for the above referenced case types beginning September 2, 2014. Contact the court for the availability of electronic records prior to this date.


maybe no filings yet?
Click to expand...

@acutename Thanks for this.
Yes, it seems to answer the Q first discussed earlier today --- about whether JF's probate estate info (if and when that is filed) would be publicly accessible on MO. casenet. That is, whether that particular circuit court participates in casenet.

Again based on my read of MSM, IIUC, JF was a resident of MO; and imo more specifically likely one of the three counties (Barry, Lawrence, Stone County) in the 39th Judicial Circuit.

Per your link & quotes, iiuc, 39th Circuit participates.

So if someone files to open probate in the 39th circuit court, the public should be able to access some info.

Welcoming correction or further info, esp'ly about where JF resided (or more technically speaking, where he was domiciled) at time of his death. Anyone? TiA.
 
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