Legal Question in Wills and Trusts in Missouri

My grandfather recently passed away and it was known by many people that he wanted each of his four children to get $5000 of his life insurance money, but his wife is not carrying out that wish and he never put it in writing because he trusted her to follow his wishes. Is there anything we can do?


Asked on 11/04/10, 7:05 pm

1 Answer from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

No, there is nothing you can do, at least not legally. The law creates several mechanisms to allow individuals to see to it that their wishes are carried out after their passing. Unfortunately your grandfather chose to not use any of them. Basically, a judge would say that your father's written instructions (through a beneficiary designation) are the best evidence of his intent. There are many, many good reasons for the law to be this way. The effort to make his wishes known would have been minimal. It's too bad he didn't do it.

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Answered on 11/10/10, 6:29 am


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