Legal Question in Wills and Trusts in Missouri
Is it Still Legal?
My mother made out a will a few years ago. Since then one of my siblings died. I held a meeting with my mother and remaining sibling to find out what final arrangements my mother wanted, how she wanted her property distributed, etc. I composed everything together and wanted to have my mother sign it with 2 witness/notarized. During the meeting we all decided that by doing this it would override the original will. Would it? Would the signing of the dated ''document'' override the original will? If not, what needs to be done?
2 Answers from Attorneys
Re: Is it Still Legal?
A newly executed will, would generally "overide" a previous will. However, I have no idea if the thing you have all called her "will" siffices to act as a will, nor whter the new document you have drafted does. There aren't many legal requirements, but the ones there are count a great deal. Don't rely on the document you drafted until you've had an attorney examine it.
Good Luck,
Tony Smith
Re: Is it Still Legal?
You ask a very good question, and one that many other people have asked. In my opinion the document you are proposing to have notarized will not legally revoke your Mother's existing Will and will not legally replace the existing Will. In order for any new provisions to be legally enforceable your Mother would have to either prepare a Codicil or a new Will which revokes the existing Will. Either of these documents must be written and signed in strict accordance with the law as was the existing Will. Also, in any situation where the beneficiaries of the Will or actively involved in the writing and signing of the Will there is a danger that someone might later question the influence brought to bear by the beneficiaries on the person making the Will. Even if everything is strictly on the up-and-up, the new Will may be subject to attack by someone after your Mother passes away. This is one of the consequences that can often be completely avoided by having the person making the Will meet privately with an attorney, even if the new Will turns out exactly as what you have discussed with your Mother. The cost of obtaining legal advice and services in a matter like this may be very modest ($150-$300) or perhaps more substantial if there are more complicated provisions required.I would strongly suggest that your Mother meet with an attorney privately and determine whether she needs to take any action. If you are in the Eastern half of the state and would like a free telephone consultation, you may call me at 314-727-2822. I have been practicing twenty-six years and have handled hundreds of similar situations.
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