Legal Question in Elder Law in Alabama

Is the will written in Missouri legal in Kentucky

My Father-In-Law had a will prepared in St. Louis, Missouri and now lives with me in the state of Kentucky. Upon his death, he will be taken back to St. Louis for burial. I need to know if his will is valid or if there is something I need to have him do in order to keep his wishes in tact.

Thank You


Asked on 9/03/03, 7:22 pm

1 Answer from Attorneys

Ronald Holtsford Ronald A. Holtsford, LLC

Re: Is the will written in Missouri legal in Kentucky

I am writing from another state and not licensed to practice in Kentucky or Missouri. Generally, most states typically recognize a will from another state if at the time of execution it was statutorily correct in that state in which it was executed. If your father in law dies while he lives in Kentucky and owns no property that needs to pass through the probate process (real property, vehicle, investments, etc) in Kentucky then the question is moot. If he owns real property in Missouri or is still considered a resident of Missouri then the will should be legal in Missouri with the primary probate done in Missouri and an ancillary probate may be done in Kentucky if there is real property in Kentucky. My answer is in generalizations and I would strongly advise that you consult a Kentucky or Missouri attorney for an answer depending on the location of any real property or residency and make no warranty as to my answer based on the given facts.

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Answered on 9/04/03, 12:44 am


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