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February 26, 2010

Will Are Not Forever

The Missouri Supreme Court recently decided the case of State ex. rel. Unnerstall v. Berkemeyer. This ruling upheld a statute that requires a will to be admitted to probate within one year o f death. A decedent's estate may be administered after one year if additional assets are found, however, the statutes would treat that decedent as having died intestate (without a will) in spite of what the decedent's will may have said, had it been presented for probate within one year of the decedent's death.

Normally this is not a problem, however, if a will is not discovered and admitted to probate within one year of the date of death, a decedent's wishes may not be carried out.

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