Legal Question in Wills and Trusts in Missouri

Mother in law recently passed. ALL her assets (investment account, house) were titled in her trust. Only items remaining are personal property. There are no other assets nor outstanding debts. Is there any real need to probate her will? My mother passed away a year ago in a very similar situation (all assets in a trust; had sold her home years before). It was concluded after consulting an estate attorney that probating her will wasnt necessary. I am seeking to confirm that the current scenario warrants the same outcome. As a corollary to this question, what are the "risks" in NOT probating her will?

Asked on 10/21/23, 4:55 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mother in law.

When my parents passed we didn't probate their wills either; it's not uncommon. Of course no one knows exactly the current situation you face. One of the benefits of probate is you get to put any creditors on notice and that if they have any claims against your mother-in-law they need to present those claims now.

Once again, please accept my condolences on the loss of your mother in law.

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Answered on 10/22/23, 8:44 pm

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