Legal Question in Wills and Trusts in Missouri
Will in Missouri
Does the oldest son have to listed as the executive on the will, do all children have to be listed on the will, and can the children take the will to probate if they do not like the out come?
1 Answer from Attorneys
Re: Will in Missouri
I believe that you meant to use the word "executor" instead of "executive". In Missouri we now use the term "Personal Representive" to refer to the person who has the duty of administering your estate upon your death. In any event, you can name anyone you choose to serve as Personal Representive by naming them in your Last Will and Testament. I advise my clients to speak with that person first to be sure that that person would be willing and able to perform the duties of the position. As to your other question, you are free to leave your estate to anyone you choose and you are free to leave out anyone you choose. If you are intending to leave certian children out of your Will, then you should do so specifically. Even if you do so, any child of yours might attempt to attack the Will and take some share of the estate through the laws of inheritance. Your Will must be filed in the Probate Court no matter what. The real question is whether or not anyone will try to have the Will set aside. A well drawn will may very well avoid any such problems. I would strongly advise you to hire an attorney. The money spent on attorney's fees will be well spent if it helps assure you that your estate will go to those people you choose and only those people! If you do not already have an attorney, you may call me for a free consultation.