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Step Brothers tryin' to change parents will.

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Dean King

Junior Member
What is the name of your state? Missouri
My Step Dad and Mother were killed in a single care accident Feb. 6, 2005. they both had wills and my step dad's will left $20.00 to each of his son's, (they were under 21 at the time) and left everything else to me and my brother. Mom's will named me executor of her will and left everything she had to me and my brother.
Because Ron's family felt bad for the two son's and having lost 3 members of my family, I was trying to be fair and they came up with two documents for us to sign and agree that everybody got certain items they wanted and that after the funeral bills, other bills, debts, etc. anything left would be divided among the four of us. This is doc #1: stating what everyone wanted and that monies left would be divided four ways. It wasn't notorized or filed to my knowledge. Doc #2 states that Ron's sister, Marsha would handle any monies left from the insurance claims for the funerals and that she would take care of the bills, etc. I am wondering if these two docs are legal and binding and can they supersede the wills? Please help.....
 


Dandy Don

Senior Member
The documents are NOT legally binding, no matter what the good intentions were.

If you have filed the wills for probate and have become official executor, you will be in charge of handling the affairs. However, you need to be contacting the insurance policies to see if someone was named beneficiary, because if they were, then the money is payable directly to the beneficiaries and will not go through probate. If no beneficiary was named, then the money is payable to the estate and will go through probate.

DANDY DON IN OKLAHOMA ([email protected])
 

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