Legal Question in Wills and Trusts in Missouri
Will discovered during Discovery of Assets
My Ex husband died on July 4th 2005. His Father found a will written in 1995 while our son was a minor still and everything was left to my ex's father to be given to our son. My ex father in law has no intention of giving our son anything. My ex father inlaw filed for Discovery of assets in 9/2006 and while looking for titles and various document a newer will which was written in 2004 was discovered that left everything to our son. The estate has not been disposed of yet as the Discovery is still going on. Does my son have any chance of doing anything with that will or has it been to long?
2 Answers from Attorneys
Re: Will discovered during Discovery of Assets
If your ex husbamd was not remarried when he passed, then based upon your description, his estate will go to his children.
It appears to be too late for either will to be admitted to probate. Before you or your son take any steps, you should get an opinion from a lawyer who has access to all of the facts you wre unable to provide here.
Good Luck
Re: Will discovered during Discovery of Assets
I believe that your son should hire an attorney to file the second Will and request that it be admitted to Probate. The second Will probably has a clause revoking any prior Wills. There may be some issue as to the delay in filing it, but with the fact pattern you describe, I believe that you son has a chance of succeeding. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
