Legal Question in Wills and Trusts in Missouri

my father passed away recently and I found out that one of my twin sisters secretly got a will drawn up naming herself as the executor. What can I do?


Asked on 6/06/11, 6:50 am

1 Answer from Attorneys

Anthony Smith LawSmith

I am sorry to hear that yrou father passed. You have my condolnces.

If your sister tries to admit the will to probate you can contest it. Perhaps it is a vaild will, perhaps not. There is no absolute rule that testators tell their children when they are making or changing their will. Your Sister has up to one year from the date of death to submit the will for probate in Missouri. After that, it is just a piece of paper, and no longer will be used by the court to distribute the assets of the estate.

If you do not want to wait on your sister, you can apply for an intestate (no will) estate to be opened for your father, This will speed up the time your sister has to submit the will for probate, (usually six months form the date the intestate estate is opened.)

If yu ar econsidering openg an intestate estate,or contesting the will proposed by yrou sister, you should consult directly with probate counsel in your area very soon. Many attorneys offer a free or low cost intial consultation.

Good luck

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Answered on 6/20/11, 5:09 pm


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