Legal Question in Wills and Trusts in Missouri

Hand written last testiment

If a person leaves a hand written last will and testament, is there any validity to it at all? As a non married couple, would any assets go to the surviving person if those wishes had been made verbally to other people? Could an adult child of the deceased come in and take everything (house,vehicles, jewelry) leaving the surviving person out in the cold?


Asked on 7/13/07, 10:12 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Hand written last testiment

In Miss. a handwritten and an oral will are valid. However, the oral will must have been made in contemplation of imminent demise.

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Answered on 7/14/07, 12:07 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Hand written last testiment

A hand written Will is not admissable in Probate except under extremely limited circumstances. Why don't you just go ahead and have a proper Last Will and Testament prepared by an attorney? As to the rest of your question, any property owned in joint names will automatically be owned by the survivor of the joint owners upon the death of one of the joint owners. Also, many assets with certificates of title, such as vehicles, bank accounts, stocks, and so forth can be titled using a "t.o.d." clause (transfer on death), also sometimes referred to as "p.o.d." (pay on death). For real estate you can use a Beneficiary Deed to obtain the same result and keep the property out of Probate. I would strongly suggest consulting with an attorney to make arrangements which will avoid a lot of trouble and expense at the time of death. Good luck.

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Answered on 7/14/07, 12:31 am


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