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Letting Probate Deadline expire.

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D

dwb

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Missouri. My father passed away and my stepmother holds a will that gives everything to her. Almost everything transfered outside of probate by joint tenancy or through beneficiary designation. The thing is, she has no intention of filing probate. The one year time limit to file is October 31. We have been advised that if no will is probated within the time specified then the will she holds will become invalid as if it didn't exist. We have been advised to allow this to happen and then file (November 1) to contest on the basis that the estate has no will and should be handled subject to state law provisions concerning estates with no will. In Missouri that provides for a 50/50 split. My questions are these, will that void the will she holds? And is what we are being advised to do accurate?
 



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