What information do you need for a disclaimer?

[ali1973]

Missouri
So my mom passed away on 9/2/2011. A week after she passed away, my step sister called each of my sisters and I, for our social security numbers so that my step dad can add us onto his life insurance policy. She kept saying that she was stressed and couldn't figure out the forms, I and my sisters, asked to help and she would scream, at us, I AM DOING THIS!!! Since then, my step dad has alienated, almost all of my moms family, including me and my sister, one of her brothers (who used to do insurance) and her sister. He just cut us completely out of his life. We did receive a partial of her will, it was written by one of my step sisters friends, notarized by one of her friends, witnessed, by yet another of her friends and her son who my mom thought of as a grandson. This was sent my registered mail to all three of us girls. My youngest sister is the only one that talks to him, she says keep your enemies closer... She on other paper, listed what she wanted each of us to have, which we didn't receive this with the registered mail. I know that we were supposed to get, a diamond each from her wedding ring to make a necklace with, and the diamonds were from my grandma's wedding ring. The last time, I talked to him was on Christmas last year when he told us, he gave them to HIS daughters for their daughters, now I am questioning, on whether or not my step sister who was filling out the paper work, filled out disclaimers so that my sisters and I, would receive nothing..... How can you tell this???

 

[tranquility]

Look at the court file.

 

[justalayman]

. How can you tell this???

go to the court the probate action is filed and get a copy of the file.


a simple list of your mother's wishes may have no legal effect if it is not properly constructed.



a few pertinent laws:

Will may provide for disposal of personal property by separate list.
474.333. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator, must be dated and must describe the items and the devisees with reasonable certainty. The writing may:

(1) Be referred to as one to be in existence at the time of the testator's death;

(2) Be prepared before or after the execution of the will;

(3) Be altered by the testator after its preparation; and

(4) Be a writing which has no significance apart from its effect upon the dispositions made by the will.

474.320. Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.

474.330. 1. Any person competent to be a witness generally in this state may act as attesting witness to a will.

2. No will is invalidated because attested by an interested witness; but any interested witness shall, unless the will is also attested by two disinterested witnesses, forfeit so much of the provisions therein made for him as in the aggregate exceeds in value, as of the date of the testator's death, what he would have received had the testator died intestate.

3. No attesting witness is interested by reason of being a creditor of the estate or because he is named executor in the will or unless the will gives to him some personal and beneficial interest.

and others :

http://www.moga.mo.gov/statutes/C474.HTM