Legal Question in Wills and Trusts in Missouri
Probating Wills in Missouri
My father passed away nearly two years ago. He resided in Missouri at the time. I live in Maine. His will stated that his children receive certain items. Almost two years go by and we're finding that the lady he left in charge is being uncooperative. She hasn't even probated his will. Is there a time limit to doing this in Missouri and what are our rights as heirs?
2 Answers from Attorneys
Re: Probating Wills in Missouri
In Missouri the Will must be filed with the Court within one year of death. However, if the Will has not been filed, you may still be able to file a Petition for Determination of Heirship. I would strongly suggest that you hire an attorney in the county where your father died and get something going without further delay.
Re: Probating Wills in Missouri
In Maine, the time limit to Probate a Will is 3 years. I do not know Missouri so a lawyer from that State would need to help you with that kind of local information. As heirs you are entitled to notice of all proceedings, and if you want to be sure a proceeding is started you can file a copy of the Will yourself with the Court with a request for it to be probated.
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