Q: I’m executive of moms will. She lives in Missouri and I live in Alabama. I need to know what’s involved?
I have to siblings and mom is in debt.
A: I cannot tell by your question whether your mother is still alive, but will assume that she is as she "lives in Missouri." The good news is that nothing is required of you until your mother's death. A Last Will and Testament has no legal significance until death. Even at that time, it must be presented to and approved by a probate court in order to grant the Executor power to administer the estate. The Executor or person in possession of an original Will has an obligation to present it to a court. In your situation that court will be in Missouri if that is your mother's residence at the time of death. You would need to contact an attorney in Missouri for assistance in "probating" the Will.
As a side note, a Will does not always have to be probated. If a person dies with more debt than assets, it probably doesn't make sense to probate the Will. However, before making any decision about probating, I would recommend you consult with a local attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.