Legal Question in Wills and Trusts in Missouri

Affidavit used in court after ones death

My brother is dying and had given power of attorney to my niece 3 years ago - as well as stating that his estate upon his & his wife's death should go to her also. Now that he is dying from cancer his other children are trying to reverse this, actually getting him to sign for this change during a recent hospitalization (without my niece or anyone else who would oppose what they were trying to do being there). My other brother, sister and myself are concerned that something might happen to us, because of our own ill health issues, before we might be needed to testify as to his original wishes. Should we go ahead & get an affidavit to our knowledge of his wishes as stated to us & would it be just as legally binding as a person testifying? If so, how do we go about getting an affidavit?


Asked on 4/05/07, 6:05 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Affidavit used in court after ones death

An affidavit might be helpful, if the probate court is to dtermine the wishes of teh deceased. But, they don't need to make this dtermination if there is no will being contested. Your brother would be better suited to execute a valid will stating what he wishes for the court to do with his property after his death.

Good Luck

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Answered on 4/13/07, 3:42 am


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