Legal Question in Wills and Trusts in Missouri

My brother was named as executor in my parents will. He has recently died. Do they need a new will? Can they retype it on their own and name the living siblings as executor? What do they need to validate the new will?


Asked on 10/03/11, 6:56 am

2 Answers from Attorneys

Anthony Smith LawSmith

If your parents do not amend or repalce their wills, upon their death, the survivor or the other children can apply to be the personal representative of the estate. They may wish to amend or repalce their wills, as they may have also had designations of money or property to go to your deceased brother. They may be able to do the amendments themselves, but it is not recommended. Proper execution can be techinically dificult for some lay persons. I suggest that your parents consutl directly with a probate or estate planning attorney in ther area. Many offer a free or low cost initial consultation. That attorney can lookat their present estate plan, and give them advice specific to their case.

Good luck

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Answered on 10/04/11, 8:53 am
Michael R. Nack Michael R. Nack, Attorney at Law

The previous response was good. Your parents may not need to do anything. If the original Wills naming the brother as the personal representative were prepared by an attorney, the chances are excellent that an alternative or sucessor personal representative was named. If not, or if gifts made to the deceased brother remain in the existing Wills, then yor parents may want to change their Wills. Simple changes may be made by the proper drafting and execution of Codicils while more extensive changes may need for the existing Wills to be revoked and replaced by new Wills. In any event a consultation with an attorney would be an excellent idea.

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Answered on 10/08/11, 1:30 pm


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