Legal Question in Wills and Trusts in Missouri

My wife's Dad died a few years ago, he stated to me that he had placed her back into his will and that she will recieve a large sum, and that after the Stepmother passes on, then she will get her inheritance. Problem is that we haven't seen the will and there is rumor that the Stepmother is selling everything she can and passing it to her children (this is my wife Step-brothers and Step-Sisters), not the side of the family that the money originated, The family money was on my wifes side. Is it possible that if she is mentioned in her Dads will, that the stepmother can get rid of everything and even go as far as getting her name removed from the will... Also is there a way we can find out if the will does exist and would we be able to view it?


Asked on 11/08/10, 7:20 pm

3 Answers from Attorneys

Anthony Smith LawSmith

In Missouri a will can only be admitted for probate within a year of death. If no will has been admitted within a year, then things can pass by inheritance. Generally, when a married person dies with children of a different union, most of their stuff gets split 50% to surviving spouse and 50% to children of different union. Your wife may want to start making her claim now. It is tricky and there are exceptions to that general rule. She should consult directly with a probate attorney in your area soon. It may be too late, if property has already passed to her step siblings.

Good luck

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Answered on 11/14/10, 5:58 am
Richard Herndon Richard J. Herndon, Attorney at Law

Although there is no way to know from the information provided, your scenario leads one to believe that everything was held jointly between your wife's father and the stepmother, and if that were the case the will would have been ineffective anyway. If property was titled in your father-in-law's name only then some sort of probate proceeding would have been required and your wife most certainly would have been entitled to notice.

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Answered on 11/14/10, 3:10 pm
Michael R. Nack Michael R. Nack, Attorney at Law

There is a statute which provides a legal remedy to obtain a court order for the production of any Will. You, or your wife, should consult with an attorney.

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Answered on 11/14/10, 6:14 pm


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