Legal Question in Wills and Trusts in Missouri

how do I get a copy of trust or will. my brother passed a way my sister-in-law's attorney will not let us know what is in it.


Asked on 3/28/14, 7:04 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the Will or Trust are submitted to the Probate Court, they are essentially public records. Until a Will is Admitted to probate, it is just a piece of paper. If you honestly believe that you are a beneficiary of your brother's trust or Will, you can file an action to compel the widow to present it to the Court. You might have to request an accounting also.

Few people do this, because they have to pay for it themselves, and Missouri grants surviving spouses great latitude in affecting changes to their deceased spouse's res (stuff they owned at death.) They can opt to take their spousal share, despite what the will says, among other things. Often this is enough to use up most small estates.

This is a simple description of the probate process. If you believe that your brother had an estate plan, and your sister-in-law has opted not to present the will for probate, then you might ask yourself why? Also, why you want to know what the will or trust says. If you believe that you have property coming to you through your brother's will or trust, you should consult directly with a probate practice attorney in your area soon. You have limited amount of time in which to act.

This is a general description of the factors affecting persons wanting to examine the estate plan documents of another. If it is more than mere curiosity for you, you should take steps to protect your interests before it is too late.

Good luck

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Answered on 3/28/14, 2:34 pm


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