Legal Question in Wills and Trusts in Missouri
Probate
My mother died in the state of California just over a year ago. Finally we were permitted to remove 2 wills from her safe deposit box. One was for the state of California, the other was for the state of Missouri, where she had some real estate. The lawyer in California has not sent me the will for Missouri and am wondering if at some time it will become invalid if not presented in a timely manner even though I do not have possesion of it. Can you help me?
2 Answers from Attorneys
Re: Probate
A will typically directs how all property, wherever located, is to be distributed. Wills are usually not state-specific. Most wills contain a clause that states that the will revokes all prior wills. Look to see if your mother's most recent will contains such a clause. If it does, that will would probably control the disposition of your mother's property in both California and Missouri. The Circuit Court in the Missouri county where the real estate is located has juridsiction. Check with your lawyer to see if he or she has looked into an "ancillary" probate proceeding in that Missouri county.
Re: Probate
The last dated will probably controls and invalidates the earlier will. Call me at 314 725-8000 and I can help
GSK