Legal Question in Wills and Trusts in Missouri

My father passed away in June 2010, He told me and my older brother there was a will but my step mother said there is not how would we find out if there was a will and what rights do we have


Asked on 9/22/10, 7:34 am

2 Answers from Attorneys

Anthony Smith LawSmith

This is tricky situation. You probhbly have property rights in one fourth of yrou father's estate (as does yoru brother) minus yrou stepmother's spousal election amount and one half inferitance. You can Petition the Probate court in the county wher eyrou father lived, to allow you to examine your father's safe depsoit box for a will search. You might also try talking to your father's lawyer, if you know who that is. If your father was involved in any civil cases in the last few years, you might do aserch on Casenet to see who represnted him then, as older people tend to use the same lawyer for as many things as they can.

If your father's house was only in his name, then you may be able to charge partial rent for your stepmother, and in that way get entrance to check through his things. You only have one year within the date of his death to open an estate. So, if it gets to December, and no will has been found, then you might Petition to open an intestate (no will) estate and aftet you or yoru brother are named Personal Representative, you can get access to more of yrou Dad's financial paperwork. Then, if you find the Will by next May, you might be able to convert the estate over to a testate (Will) estate. You have some rights to proerty if no will is found. But, as surviving spouse, your step,other can elect to take some additional spousal shares.

Good luck

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Answered on 9/27/10, 8:51 am
Michael R. Nack Michael R. Nack, Attorney at Law

Yes, there is a statute that allows you to filea Petition in the Probate Court seeking an Order for your step,mother to disclose and produce the Will if there is one. I would try any other way to get her cooperation before going to the expense and trouble of filing the suit.

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Answered on 9/29/10, 8:55 pm


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