Legal Question in Wills and Trusts in Missouri
Estate
My father recently died, he remarried
about 18 years ago I was the
executor of his will until 4 years ago I
was never told. We cannot get his
new wife to read or show us his will.
Is their a time limit on this and do
my brothers and sister have any
recourse with the new will and life
insurance policy if it has been
changed from the original.
2 Answers from Attorneys
Re: Estate
The Will must be filed within one year, but you do not have to wait that long to file a suit with the Probate Court seeking an Order to Produce the Will. I have had success with this, and I would be happy to discuss it with you. You may call me for a free telephone consultation.
Re: Estate
You only assume there is a new will. There is no will until the probate court says there is. Until then, they are just pieces fo paper. Take the "will" you have and reguster it with the robate court in the county where your father was domociled, You can then apply for letters to be granted (an estate opened) this would force the surviving spouse to come foreard with what she believes to be a later valid will. If no will is presented to the court within ayear of death, Missouri courts will not recognize any paper as a will.
Good Luck
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