Legal Question in Wills and Trusts in Missouri

Contestability of a Transfer On Death
My father died a few days ago and had the bulk of his estate in a stock brokerage account. The account is in his name but has a Transfer on Death provision to my brother's son. My father obtained my nephew's promise to distribute these assets according to a list which does not include three of his four children. Most of the assets are to go to specified great grandchildren. He had both a will and a living trust, but virtually no assets in them. The stock was supposed to be in the Trust, but was taken out in order to disinheirit my brother, a sister and me. I have been told that my nephew has various options including keeping the TOD'd assets, distributing them as my father dictated, or doing otherwise whatever he thinks is right and proper. He is adamant that distribution will be made according to what my father had directed him to do because he feels honor-bound to do it that way. He agrees this is unfair, but irregardless, he plans to do as instructed. Are there any prospects for us to successfully contest this TOD?

Asked on 10/23/01, 4:03 am

Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: Contestability of a Transfer On Death

There are prospects here, but it will be an uphill battle. Factors which may help would be evidence incapacity, undue influence or fraud.

Answered on 11/26/01, 3:00 pm

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