Legal Question in Wills and Trusts in Missouri
My cousin's grandmother passed away. In her will, all assests, property,etc. was to be equally divided 4 ways (3 grandchildren and one son). My cousin's sister is living in the house, she is the Executor of the estate, but will not move out of the house and will not give a copy of the will to the others named in the will. What is my cousin's recourse?
2 Answers from Attorneys
If the original will has been presented to the Probate Court, as it should have been, then simply go to the courthouse and get a copy. It's public record. Has she been appointed as Executor, or is she simply named. If she has been appointed then she's under a duty to carry out the terms of the will. Perhaps your cousin needs to get his/her own attorney, because if the facts are as you state them there are issues that will likely need to be resolved in court.
If the will has NOT been presented, then, again, your cousin probably needs a lawyer to press the issue.
There is a specific statute under which a beneficiary can compel the person with the Will to produce it. I have used this statute with some success in the past.
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