What are the reasons to file a Will with the probate court?

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What are the reasons to file a Will with the probate court?

If my dad has no outstanding debt and all possessions are jointly owned by my mom, is there a reason to file his Will with the court? The Will is a “pour over” that puts anything forgotten into their trust.

Asked on September 26, 2011 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Most people really do not understand that sometimes there may not be a need to probate a Last Will and Testament, but really sometimes that is the case.  Although your recitation of the facts and the manner in which the property is held and the Will is written offers an understanding of the situation, really an attorney needs to read the Last Will and Testament of the decedent - your Dad - to try and gleam what the intent of the Will actually is.  It could be intended to be a pour over in to the trust only after both of your parents were deceased but it may actually catch an asset that they forgot about.  See?  Seek help.  Good luck. 


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