Legal Question in Wills and Trusts in Missouri
My parents from Grandview, MO made a will in 2010 and my sister in Florida is executor. Since my father, the last survivor, passed in October 2010, I have not seen a copy of the will nor have I been contacted about any pogress executing the will. I am named to receive a share - once their house sells - and some life insurance I have been told by brothers that saw the will. I have asked for a copy of the will and what progress has been made but she ignores me. There is no record in Jackson County that the will was filed in probate but I am unclear if that is even required of her and I would like a suggestion on the best way to proceed. Stan
1 Answer from Attorneys
Heirs and devisees have only one year from the date of death to submit awill for probate in Missouri. If your mother passed priro to February 24, 2010, it is too late to submit awill for her. As for yrou father, The application for Letters will probably need to be submitted by the end of Septmber, 2011. If your sister isn't doing anything, you can apply for letters without a will attached. Your sister woudl have to have an in-missouri agent if she were to serve as Persoanl Representative, (what Missouri calls the executor) anyway.
Most life insurce policies are not part of the probate estate. If you know what company your father had policy with, you can submit your claim as beneficary regardles of what occurs as to the probate of the estate.
Good Luck
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