St. Louis Will Contests Lawyer
Why Choose TdD Attorneys at Law?
- Decades of legal experience: Our estate planning and probate attorneys have over 30 years of combined experience handling complex estate litigation matters across Missouri.
- Focus on efficient resolution: While we are prepared to litigate aggressively, we prioritize achieving favorable settlements swiftly to save our clients time and unnecessary legal expenses.
- Transparent and cost-effective services: We offer dedicated probate representation at competitive rates, tailoring our strategy to your specific financial goals.
Get In Touch With Us
No Fees Unless We Win (314) 276-1318
What Are the Legal Requirements for a Will in Missouri?
Under Missouri Revised Statutes Section 474.320, a will is considered legally valid only if it is in writing, signed by the testator (or someone acting under their direction), and attested by at least two competent witnesses in the testator’s presence. Additionally, the person executing the will must be at least 18 years old and of sound mind.
If you believe a document submitted to probate fails to meet these legal standards, you can challenge its validity. Common grounds for filing a will contest in Missouri probate courts include:
- Undue influence or coercion: Someone in a position of trust manipulated the testator into altering their estate plan.
- Lack of testamentary capacity: The testator lacked the mental competence to understand the nature of their assets or beneficiaries when signing.
- Fraud or forgery: The document or signatures were falsified or executed based on deceptive statements.
- Improper execution: The document failed to adhere to state witnessing or signature formalities.
- Revocation: A newer, legally binding will or codicil superseded the document being submitted to probate.
How to Contest a Will in St. Louis Probate Court
To file a will contest in Missouri, you must hold legal standing as an “interested person.” This means you must have a direct financial interest in the estate that would be affected by the outcome of the challenge—such as an heir-at-law or a beneficiary named in a current or prior version of the will.
For instance, if a parent was undue influenced into executing a last-minute revision that disinherited their children, those children hold standing as interested persons to petition the court to reinstate the original estate plan.
Strict time limits apply to probate litigation. In Missouri, a contest must be filed within six months from the date the will is formally admitted or rejected by the probate court, or six months after the court issues letters granting authority to the personal representative. Missing this statute of limitations permanently forfeits your right to contest the document.
¨With a background in business and real estate, I have a strong passion for guiding others through these complex areas of law. I became an attorney to have a positive impact on others. I strive to do everything I can to help my clients find a solution for their unique legal challenges.¨
Ted Disabato
Contact a St. Louis Estate Litigation Lawyer Today
If you suspect an invalid or fraudulent document is being processed through probate, protecting your inheritances requires prompt action from a skilled St. Louis wills attorney.
The legal team at TdD Attorneys at Law is ready to evaluate your case, gather evidence, and advocate for a fair resolution. Call us today at (314) 276-1318 or contact us online to schedule your consultation.
Ted Disabato
Ted D. Disabato is the Managing Member of TdD Attorneys at Law LLC, Broker/Realtor of TdD Premier Real Estate and The Realty Shop, and partner in VUE Title LLC and VUE Mortgage LLC – providing his clients cradle to grave service. If you’re looking for an experienced St. Louis estate planning lawyer, make sure to contact Ted Disabato today.