Legal Question in Wills and Trusts in Missouri
will
My father is still alive and elderly. He is living with a girlfriend that suspect is taking advantage of him. He hasn't set up a trust and as far as we know does not have a will. My sister and brother have gotten him to sign a POA and a health directive when he went into the hospital. They are working on getting a trust set up and cleaning up other financial legal problems from and ex-wife. My question is: how do we find out if the questionable girlfriend (who is my sister's age) has already gotten him to sign a will? Is is filed with the county or state before they die?
1 Answer from Attorneys
Re: will
No a Will is not filed until death. Why don't you just ask your father if he has a Will? The worst thing he can say is "It's none of your business". Although I can understand your family's concern, if your father is mentally competent, whatever he ownes is his, and he has the right to do whatever he wants with it. Of course if the girlfriend compels him to make a Will by coercion, or undue influence, then you or a sibling might late be able to contest the Will in court.