Legal Question in Wills and Trusts in Missouri

My Mothers will

My mother had a will stating how she wanted her assets devided but my sister had her put all her money market into a savings account with both mom and my sisters name on it. Now she tells us there is no money as mom wanted her to have it. Can we make her give the money back and split it according to the will? Does she need proof the mom wanted her to have it all?


Asked on 2/25/09, 12:09 pm

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

Re: My Mothers will

Only assets owned in the name of the decedent alone at the time of death pass under the Will. So,under your facts, the savins account does not pass under the Will. If you can prove that the transfer of money into the savings account was the result of fraud, then you might have that transfer set aside. It will cost a substantial amount in attorney's fees and costs.

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Answered on 2/26/09, 11:36 pm


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