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There are a few requirements, however. First, a will in Missouri must be in writing. Second, it must be signed by the testator, the person creating the will, or at their direction. Finally, the will must be attested by at least two competent witnesses who sign the will in the testators direction.
If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.
Send a written request to the executors of the will So, the first thing to do is ask them! If youre a residuary beneficiary (that is, someone who will inherit whats left of the estate once all the specific gifts have been given) the executors will usually follow through on a written request to see the will.
A person looking for a will can go to the county courthouse in their area or they may be able to request the record online. First, they must determine that they have the correct court where probate of the estate occurred.
If the Will is not filed with the Probate Court within the required one year period, the Will becomes invalid it is no longer any good. The Will essentially expires.
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Protect Yourself as Executor When Facing Estate Litigation Make sure you follow the written wishes of the deceased. Share information with anyone involved in the estate. Document everything that you do for the estate.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
If the Will is not filed with the Probate Court within the required one year period, the Will becomes invalid it is no longer any good. The Will essentially expires.
The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
For example, if the deceased intended for the executor to have the discretion to sell, call in or convert assets to cash prior to distribution, this may be expressly and explicitly outlined and authorized in the will. However if there are specific directions in the will, the executor is bound by law to follow them.

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