Legal Question in Wills and Trusts in Missouri
My mother doesn't have a will but she has it set up so that everything is signed over to my sister upon her death, can I contest this.
2 Answers from Attorneys
Of course you can contest it - the real question is can you contest it successfully. The short answer is that it will be difficult. You will have to establish by credible evidence that your Mother didn't know what she was doing when she "signed it over" to your sister, or that she was somehow unduly influenced to do this.
Another question to ask, which is often the case, is whether your mother has named your sister as beneficiary for convenience with an expectation that after all of your mother's final bills are paid your sister will split the balance. Of course this is not a good way to plan, but oftentimes happens. Also, be certain that you understand in Kansas and Missouri there is no legal right to an inheritance. If you plan to contest the matter I certainly hope you have excellent facts and a large checkbook b/c most attorneys will not take these matters ona contingent basis.
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How do you declare someone dead in the state of Missouri? Asked 1/29/10, 8:33 am in United States Missouri Probate, Trusts, Wills & Estates