Legal Question in Family Law in Missouri

challenging a will

My mother has asked me to have a will made and has asked me to leave both my kids to her. My problem is this... my mom doesn't really want both my kids, just my daughter, because I had my daughter in a previous mariage and my mom doesn't want my husbands family to take her (she has been adopted by my husband). My mom knows I wont split my kids up in the will and therefore she wants both of them. I want to leave both my kids to my husbands family in the will but I know my mom will challenge this if I die, what can I do if anything to keep her from taking my kids if my husband and I die?


Asked on 2/26/07, 5:06 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: challenging a will

In the first place, you do not leave children to someone in a Will. You leave property or money to someone in a Will. Perhaps, what you are really talking about is naming someone to serve as guardian for your children if you should die before a child reaches the age of majority. In that case, you have already stated that your husband has adopted your daughter. Therefore, if you would die while either child is underage, your husband automatically has custody of them by operation of law. If he predeceases you, or if you should both die in a common disaster, then you could provide in a Will for anyone of your choosing to serve as guardian and take custody of your daughter at least, or both if you adopted your husband's child. If not, then his child's mother would have custody of that child by operation of law. It sounds like you might need to put together a Will, and I would advise you to consult with an attorney without delay.

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Answered on 2/26/07, 8:31 pm


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