Legal Question in Wills and Trusts in Missouri

''Lost'' Will

My brother recently died in the state of KS where he also owned a home in his name only. For the last 9 months of his life he lived in MO with his fiancee who became his wife 10 weeks before he died. The two had been living in her residence in MO, which was their permanent residence. Being unmarried for most of his adult life, his last known will left me as executrix and mom to inherit all. We know his wife was informed as to where to find the will should anything happen to him. Apparently he never got around to changing it, whether by chance or by choice since all he owned had been acquired before his marriage, so now it has gone ''lost.'' Sadly, as my brother lay in a coma, his wife was quietly asking his friends if they might know of a will! As my brother drew his last breath, her first words to all family and friends present were ''xxxxxx left no will!'' When confronted, she claimed that maybe he destroyed the will (not so, not according to the last conversation I had with my brother). How do I go about finding it? What recourse do mom and I have? PS, the will would most likely have been drawn up in either Houston, Atlanta, or Kansas City. Thank you for your help.


Asked on 11/24/02, 1:16 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: ''Lost'' Will

First of all, please accept my sympathy for your loss. If your brother had a Will, it seems logical to believe that he may have also had a safe deposit box and placed the Will there for safekeeping. Attorneys generally advise clients to do so, and to be sure that the safe deposit box is held in joint names with someone (like an "executor") so that the Will can be retrieved without unecessary delay. Even if your brother had a safe deposit box in his name alone, that would be a good place to look for the Will. The bank manager can explain to you what the bank would require in order to open the box. If there is no safe deposit box, then I would suggest checking to see whether your brother had a safe or even a desk at his Kansas residence where he might have kept a Will. Finally, it may be that the original Will was retained by the attorney who drafted it. This was done routinely in many places for many years although I believe that it is no longer the preferred practice. If you know of an attorney known to your brother you may inquire directly with that person. In any even, I wish you the best of luck in finding the Will and in resolving any issues with your brother's widow.

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Answered on 11/24/02, 10:47 pm


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