Legal Question in Wills and Trusts in Missouri

Re: Wills

A Will is an important document and cannot be disregarded. Joint wills are confusing and are not widely used; accordingly, my guess is there was no joint will. If there was a Will, you should communicate with your father's lawyer to find out if he prepared one. Most states provide that the willful destruction of a Will is a crime and you might be well advised to seek counsel from a lawyer in Missouri to determine how best to obtain the Will your stepmother said she had.

Re: Wills

The first place to check is the courthouse of the county he lived in. It was more common in years past to 'register' your will with the court. If the will was filed, it is part of the public record and you can find it that way.

Joint wills are fairly common in the Midwest, typically husband-wife wills that mirror one another. All the property is left to the spouse. There is usually a provision that when the surviving spouse passes the property then goes to the children.

I think there may be more to the situation than you may be aware. For her to inherit the property under a joint will, there would have to be probate and you would be able to see the will from the probate records. The more likely situation is your father and step-mother probably owned their property as joint tenants with right of survivorship [JTWROS]. It means she becomes sole owner of the property automatically upon your father's death.

You can verify if the property was held in JTWROS by checking the Recorder of Deeds office in the county where he lived. It's public record. If the deed was JTWROS, then the property is solely her and she is free leave it as she sees fit.

Re: Wills

We do not have "joint" Wills in Missouri. You should hire an attorney to file a Petition in the Probate Court in the county wher eyour step-mother resides to compel the production of any Will left by you father and to otherwise protect your inheritance. You should do this immediately. Good luck.