Legal Question in Wills and Trusts in Missouri

My uncle's will and estate

My uncle recently passed. His deceased wife's newphew is claiming to be executor over his estate. My uncle has 3 surviving siblings which includes my mother. My mother has asked the nephew to see my uncle's will. He is very reluctant, apprehensive, and will not show this suppposed will to anyone in the family. It is required by law in the state of Missouri for the nephew as executor to fill the will with probate court? How do we know if there is an actual will? Can we file a motion of some sort to make him produce a will? He will not return any of our phone calls, after several attempts to to communicate with him. Basically what can we do to stop him from taking possesion of my uncles estate until the will is read, and or if there is a will. We have probale cause to believe there is no will and he is acting on his own without documents to back him up.


Asked on 2/27/08, 8:47 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: My uncle's will and estate

Yes there is a statute which allows an interested party to file a petition with the Probate Court and obtain a Court Order requiring the production of the Will. If you are in the Eastern part of the state, you may contact me at my office for a consultation. I may be able to help you.

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Answered on 2/27/08, 11:02 pm


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