Legal Question in Wills and Trusts in Missouri
probate and wills
my dad passed away in 2006. He had a friend as power of attorney. He wrote a will 2 days before he died of lung cancer. Hs friend has not contacted us about probating the will. what is the time frame the friend has to do this?
3 Answers from Attorneys
Re: probate and wills
In Missouri one has one year from the date of death to submit the will for probate, or it is worthless. If an estate has not been opned for yrou father, you can file a Petition to determine heirship, to get his propernty passed to you and your siblings (assuming he died unmarried)
Re: probate and wills
I cannot speak to Missouri Law, but in Maine a Will needs to be filed for Probate within 3 years of the date of death. The friend with the Power of Attoreney may not have anything to do with the Will, often an attorney will retain the original. If the froend is the personal Representative udner the Will there is a fiduciary obligation to file it, regardless of who the beneficiaries are.
Re: probate and wills
No matter what state you are in, the Power of Attorney died when your father died, so the guy who was granted the POA has it no longer.
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