Legal Question in Wills and Trusts in Missouri

My brother lived and died in Missouri. He had a handwritten Will that was witnessed by his wife and another witness. It was also notarized. He cut out his son and left his entire estate to his wife and daughter. His wife predeceased him. Is this Will legal? can it be challenged because it was handwritten and also signed by his wife.

Asked on 9/21/15, 5:55 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There are some problems with what you described. But, that fact that the will was written longhand isn't one. There cam be problems with devisees acting as witnesses. There isn't a Prohibition against handwritten wills, witnessed by a spouse.. But, there are important criterion in achieving the intended transfers. Prior to submitting the will to probate (which must be done within a year of death) have a probate attorney look at it and the other relevant documents. Don't delay. If you wish to contest a will that had already been admitted, you have a very short time to do so. If that is your situation, consult directly with a probate attorney, as soon as you can

Good luck

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Answered on 9/22/15, 7:52 am

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