Legal Question in Elder Law in Missouri

Accessing Grandmother's Will

How can I access my grandmother's will without my aunts knowing? My father, my aunts', brother is dead. So my aunts are taking advantage of this. My grandmother made accomodations in the will for her things to go to my mother, myself and my siblings even if my father died before my grandmother. I believe my aunts are not following what is written in the will. So, again, how can I access my grandmother's will without my aunts knowing?


Asked on 6/12/06, 1:23 pm

2 Answers from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Accessing Grandmother's Will

If your grandmother's will has been admitted to probate anyone can go to the court house and view it. If it has not been probated, you may commence an administration (although your dad's sisters would be served.) A will is only valid for approximately one year from the testatrix's date of death so if the will hasn't been admitted to probate and more than a year has past the provisions are no longer valid in any event.

Joseph R. Burcke

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Answered on 6/12/06, 2:01 pm
Anthony Smith LawSmith

Re: Accessing Grandmother's Will

Has your grandmother passed on? If she is still alive, then you should talk to her about her testamentary plans. If she has passed, then I agree, you should look at the will that has been submitted to the Court. If no will has been submitted, then you should get an attorney to Enter on your behalf. They can seek to have a Will search performed.

If no will has been submitted to the Court, and you do not know who has the purported last Will, or you do not know where it is stored, a Will search will need to be conducted.

How did you hear that provisions were to be made for you in her Will? Do you know that she could alter her will up to the last moment of life?

If there is avaled will, that has npot been submitted to the Court, and that provides for you, and your aunts are intentionally acting in contrary to it, then you have several hurdles to get over, to be able to get the benefit of that bequest. Too many to adequately cover here.

If your grandmother has passed less than a year ago, (and she was domiciled in Missouri) you need to find out if ANY will was submitted to teh Court. If no probate estate has even been opened for your grandmother, then you have very little authority to go seraching through her or your aunt's possession until an application for letters has been submitted to the probate Court where your grandmother was domiciled.

Good Luck, and seriously consider hring an attorney, if your search for the truth becomes frustrating.

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Answered on 6/12/06, 5:39 pm


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