Legal Question in Wills and Trusts in Missouri

My mother recently passed unexpectly. She had a hand-written will that was NOT notorized or witnessed by anyone. What should be the next legal step to take after registering it at the county courthouse?


Asked on 9/24/12, 6:07 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

I am sorry to hear of your Mother's passing.The doument you describe will probably not be accepted as a Last Will and Testament by the Probate Court. However, depending upon the naute and extent of any assets owned by her at the time of her passing, and depending upon other factors, a Probate Estate may need to be opened to administer the "intestate estate". Either you or someone else might ask the Court to appoint you as the aministrator. IF you are not able, or willing, and there is no one else to perform this function, the public administrator might be appointed. Generally speaking, the assets will be liquidated and costs, taxes and claims dealt with before the general estate is divided and distributed to the heirs in the manner and in the proportions set forth by law. I am sure that you could benefit from the services of an attorney. Please feel free to contact me if you do not already have an attorney, and I can give you a free telephone consultation.

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Answered on 9/24/12, 9:09 pm


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