Legal Question in Wills and Trusts in Missouri

Re: Will of Mother changed while in dementia stage 1

Please accept my condolences and sympathies at your Mother's passing. Her Will must be filed with the Probate Court within one year of her death. If there is a problem with that being done there is a legal procedure you can use to obtain a Court Order requiring the Will to be produced and filed. The personal representative named in the Will by your Mother must file an inventory with the Court listing all assets owned by your mother in her name alone at the time of her death. There are legal procedures to use in situations where you have issues concerning the inventory filed by the personal representative. Finally, if the latest Will is subject to attack due to it being signed improperly,or under duress or undue influence, or while your Mother was not mentally competent to do so, then there are certainly legal procedures available to address those concerns. I would definitely advise you to consult with an attorney, an if you do not already have one, you may contact me for a consultation.

Re: Will of Mother changed while in dementia stage 1

If the right grounds exist, you may be able to challenge the will. Are you one of the siblings?

Re: Will of Mother changed while in dementia stage 1

I am truly sorry to hear about your mother.

So I make sure I am understanding you correctly, your mother passed and left a will that excludes two siblings and gives everything to the third. An attorney drafted this will. Your mother suffered from dementia. They are now moving to close her estate by having the will admitted to probate. Correct?

Your question seems to be angling towards whether the will is valid? Perhaps, but if your mother was truly not in total command of her faculties or otherwise under undue influence from another individual, you may have a valid will challenge. That is a question of fact.

What is the size of her estate? IL has provisions for smaller estates - $100,000, that provides for the simple filing of an affidavit to close an estate.

A number of moving parts with this situation. Please feel free to contact me for more insight as I can probably be more helpful with some more information from you.

My email is: [email protected]

Thanks -