Legal Question in Wills and Trusts in Missouri
There is a signed will from 2003 before my dad was married and a new will which has not been signed that he had drawn up after marriage. Which will is valid by law? He passed this week
Asked on 4/03/10, 4:42 pm
1 Answer from Attorneys
Keenan Post
Post Warren Lindstrom, LLP
An unsigned will cannot be valid, so the 2003 Will is the only one that can be admitted to probate. The real issue will become what legal rights does the surviving wife have to your father's estate based on her status as a surviving spouse. Also, to the extent they owned assets jointly, or assets of your father named her as beneficiary, those assets do not pass under the terms of a Will and therefore will become her sole property regardless of what the signed Will states. Best of luck and sorry for your loss.
Keenan Post
Answered on 4/08/10, 7:13 pm