Legal Question in Wills and Trusts in Missouri

Is there a venue in Missouri Probate Courts for a PR accepted by Court to address the Court of a decedent's "final wishes" (with proof) vs a 5 year old will?

My 92 yr old aunt who had no children, had a KS Revocable Trust and Will since 2005. I have cared for her for over 5 years although she had her own apt. I am her closest relative, POA & Executor, and Co-Trustee. She purchased a house (cash) in Missouri, and we planned to move there 3 weeks later. The realtor made the contract in my aunt's name, since she was the one writing the check, and thus titled the same way. We realized the mistake after we got home. She met with her KS/MO Trust attorney 6 days later for him to make a "Joint Ownership With Right of Survivorship" Deed, so the house would go to me if anything happened to her, and paid him $1000.00 retainer. During a doctor visit that next week, she fell and suffered a hematoma (& coma), the day before she was to sign the deed, and passed away the following day.

Everything else is covered under the KS Trust, except the house in Missouri, as she wanted it to go to me, and did NOT want it included in her Trust. My grown children and I are her only heirs of the Trust, (half & half). I have filed with the a local county attny in MO Probate Court, but am lead to believe her Will made in 2005 is all the Judge will go by (which pours over into the Trust).

I have a copy of the retainer check she paid her attorney to draft the deed, and his handwritten notes from that meeting, of her desires. He is even willing to testify. Do I not have a venue as a MO Court approved Personal Representative to address the Court about what her "final wishes" were with our house she purchased 11 days before she died?


Asked on 10/03/10, 10:47 pm

1 Answer from Attorneys
Richard Herndon Richard J. Herndon, Attorney at Law

I'm guessing your Missouri Probate Attorney is correct. You can certainly petition the court, and make your request known, but it will likely be a waste of time and money. The precise reason that wills or trusts are required is because at the time we carry out a decedent's wishes they aren't around to tell us about it. Perhaps not in your case, but in others the allowance of such changes based only on heresay could lead to significant abuse and injustice. If you and your grown children are all in agreement you might be able to modify the trust, but you will need to speak with your Trust attorney to discuss that.

Good luck.

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Answered on 10/09/10, 7:46 am


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