Chittenango, NY Estate Planning Law Firms & Lawyers

If you are a beneficiary or potential beneficiary, you can challenge the will but you will have to show that it was not proper under the law or that a more recent will exists. However, to show the latter, you will have to actually find the more recent will. There is no one place that wills can be found. You should check desks, file cabinets, bank safe deposit boxes, safes, and attorney's offices where you think the deceased may have done business.

Yes but if the wife decides to hire a lawyer and file a petition that competes with the child's petition, the wife will get the administration as she has priority.

In Missouri, you cannot disinherit a spouse. If you leave everything in your will to your children by a previous marriage, your current wife can take against the will and get part of your estate. If you current wife wants her assets to go to her children and not to you, then I suggest that you see an attorney about a post-nuptial agreement that might resolve this problem. Please note that in Missouri, if you and your wife do enter into a post-nuptial agreement, you and your wife have to be presented by separate attorneys. If she is not represented by an attorney, the post-nuptial agreement is subject to being set aside after your death.