Legal Question in Wills and Trusts in Missouri

letter of testamentary

Is a letter of testamentary needed if there are no disputes for terms as acting person?

Asked on 5/09/07, 6:53 pm

1 Answer from Attorneys

Anthony Smith LawSmith
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Re: letter of testamentary

The will is just a piece of paper until the Probate Court issues the Testamentry Letters. Anyone who acts upon the decedent's property, is personally liable to any and all of the devisees or beneficaries. As long as the person acting knows they will have to pay from their own pocket for anythuing that is doen wrong, they can act according to what they beleive are the correct distributions. I am advising you, as I would anyone, NOT to do that. If you have possession of hte Will, submit it to the Court. Let everyone with an interest, decide for themself whether to seek the opening of an estate. If you are the person who Petitioned for letters, you may secure the proeprty and/or keep it productive until the letters are issued.

You attorney should have explained all of this to you.

Good Luck

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5/11/07, 4:47 pm

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