Legal Question in Wills and Trusts in Missouri
Is there a law that says if a will was written it has to be admitted to probate?
My grandfather died in June, 2006. He named my sister as executor. He left a will, and a list of what he wanted everyone to have. He did not have a beneficiary on his bank account(s) or on his car (he was killed in a car accident, so I don't know if the insurance company totalled the car or not). My sister will not give me a copy of the will nor the list. Is there a law in MO that states the will must be filed in probate? Can I force the issue and open the estate in probate myself? Seems to me that is the only way I will see everything. Thanks in advance for your help.
3 Answers from Attorneys
Re: Is there a law that says if a will was written it has to be admitted to probate?
The way for you to force the issue is to open an estate on your own. This will force your sister to come forward and produce the will in probate. If you would like to discuss this in greater detail please contact me. I will be happy to provide a free 1/2 hour or so to outline how best to proceed.
Re: Is there a law that says if a will was written it has to be admitted to probate?
The will you mentioned, is just a paper until the Probate Court deems it to be the Will of the decedent. If you feel that your sister has misused any of the funds, etc., you must seek to open an estate soon. There is only limited time in which to do this. You did not mention which County your grandfather lived in. I represent clients in the Western half of Missouri. If that is the area he was domiciled in, you may contact me directly.
Re: Is there a law that says if a will was written it has to be admitted to probate?
Yes, a will must be filed within one year from death, and in cases where someone has the Will but is not filing it, there is a statute that can be used to force them to do so. I have used this statute with success. The circumstances of your grandfather's death suggests that there might be a wrongul death claim to look into as well as the usual Probate work. If you are in the St. Louis area, I would be happy to talk with you.
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