Legal Question in Wills and Trusts in Missouri

Find contents of a will

Neither my sister nor my mother's husband informed me when she died. I found out after the fact and by accident. I know my mom had a will and that certain property was left to me. My sister is the executrix. She lives in Missouri. I live in New Mexico. Is there any way to make sure my Mother's will is followed? How can I get a copy of her will?


Asked on 6/06/04, 9:45 am

2 Answers from Attorneys

Douglas Barr The Barr Law Firm, P.C.

Re: Find contents of a will

You will need to check with a Missouri attorney about her Will in Missouri. But, if she died leaving property in New Mexico, you will need a New Mexico attorney to pursue that. Because you live in NM, it would be more direct to hire a NM attorney, to then contact a Missouri attorney and accomplish both goals. I'd be glad to discuss by phone : 888-4409 (Albuquerque)

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Answered on 6/07/04, 2:17 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Find contents of a will

In Missouri we stopped using the terms "Executor" and "Executrix" some time ago, and now use the generic term "Personal Representative". In any event, I would first suggest asking the Personal Representative to send you a copy of the Will. You might want to do this by certified mail so that you have some proof that your request was actually received by the Personal Representative if your request is denied or ignored. Our statutes require the Will to be filed in the Probate Court within one year from the date of death, but in many cases the statute is simply not followed. If the personal representative did file the Will, you can request a copy of it from the Probate Court. If necessary, you can file a Petition in the Probate Court in the county where the decedent died or owned real estate asking the Court to Order the personal representative to appear in Court and produce the Will. I just did this for a client in a similar situation who believed that she stood to inherit a substantial amount. Unfortunately for her, although we succeeded in forcing the personal representative to produce the Will, there was no inheritance. If you're dealing with a Probate Court in a county in the Eastern part of the state and need assistance, please feel free to call me at 314-727-2822. I will be happy to help you, but if we need to file a petition I will require a modest retainer fee and there may be some court costs involved. In any event, I am sorry for your loss and I wish you the best of luck at discovering the Will.

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Answered on 6/06/04, 11:55 pm


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