Detailed Answer

This section explains practical steps you can take under Missouri law to protect an inheritance when a family member contests an estate. It covers how probate works, common legal grounds for contests, immediate protective steps, long-term planning options that reduce the risk of a successful contest, and what to expect during litigation or settlement.

How probate and will contests work in Missouri

When a person dies and leaves a signed will, the executor (personal representative) files the will and a petition for probate in the county probate court. During probate, interested persons (heirs, beneficiaries, creditors) may challenge the will or related transfers. Common grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation.

Missouri statutes governing wills and probate are found in the Revised Statutes of Missouri. For general rules on wills and probate, see Chapter 474 and related chapters on the Missouri Revisor of Statutes: RSMo Chapter 474 (Wills) and RSMo Chapter 472 (Probate of Wills).

Immediate steps to protect an inheritance after a death

• Obtain and preserve documents. Ask the executor for a copy of the will, trust documents, beneficiary designations, and account statements. Keep originals or certified copies where possible.
• Secure assets. Ensure important property—bank accounts, safe-deposit boxes, real estate—are not dissipated. If necessary, request the court to freeze assets or require the executor to post a bond (the probate court has authority to require fiduciary bonds).
• Communicate in writing. Send clear written requests to the executor or personal representative for information and copies of filings. Written records help if a contest develops.
• Preserve evidence. Save medical records, emails, letters, and phone logs that relate to the decedent’s mental state, communications with caregivers or family members, and financial transactions near the time of the will’s execution.
• Consult a probate attorney promptly. A Missouri probate or estate litigation attorney can explain procedural deadlines, evaluate the strength of any contest (for or against), and advise on protective motions you can ask the court to enter.

Legal grounds a challenger typically raises

A person contesting a will usually claims one or more of these defects:

• Lack of testamentary capacity: The testator did not understand the nature of making a will, the property they own, the natural objects of their bounty, or the legal effect of their act.
• Undue influence: Someone exerted coercion or manipulation that overcame the testator’s free will.
• Fraud or forgery: The will was created or altered through deceit, or signatures were forged.
• Improper execution: Missouri law requires a properly executed will—challenges may assert missing or flawed witness attestation or other formal errors.

How to prepare evidence and defenses

• Gather medical records and physician testimony about the decedent’s mental capacity near the time the will was signed.
• Locate witnesses who were present when the will was signed or who observed the testator’s condition and interactions with the person alleged to have exercised undue influence.
• Collect financial records, transaction histories, and recent transfers that look unusual; these can show improper influence or fraud.
• Preserve correspondence, emails, text messages, and calendar entries showing the testator’s intent and relationships.

Steps to take before a will contest arises (preventive planning)

Proactive estate planning reduces the chance a will will be successfully contested or that assets will be vulnerable to contest:

• Create clearer estate documents. Use a properly executed will or a revocable living trust prepared with competent counsel. Missouri recognizes properly executed trusts and wills; trusts often avoid probate and reduce contested issues.
• Use beneficiary designations and nonprobate transfers. Payable-on-death (POD) accounts, transfer-on-death (TOD) registrations for securities, life insurance beneficiaries, and retirement plan designations pass outside probate and are harder to contest through will litigation.
• Consider an irrevocable trust for certain assets. Irrevocable transfers generally remove property from the estate and reduce probate contests, but they have tax and control consequences—consult counsel first.
• Include a self-proving affidavit and follow execution formalities carefully. A properly executed and self-proved will reduces challenges based on execution defects; Missouri law provides rules for executing wills—see RSMo Chapter 474.
• Keep contemporaneous records. When circumstances could invite a challenge, create clear records about mental capacity and why certain dispositions were made (e.g., letters of explanation, medical evaluations).

What to expect if a contest starts

• The challenger files an objection or a petition in probate court. The court will schedule hearings and set discovery (evidence exchange).
• Both sides gather evidence and conduct depositions. Expect subpoenas for medical records, bank records, and testimony from witnesses.
• Court may hold settlement conferences or require mediation. Many will contests settle because litigation is costly and uncertain.
• If the court finds valid grounds, it can invalidate the will (in whole or part) and distribute assets according to an earlier valid will or under Missouri intestacy rules.

Costs and risks

Will contests often involve significant attorney fees, expert witness costs (medical experts, handwriting analysts), and delay in distributions. Even a weak contest can deplete estate value. That is why quick protective steps and timely counsel are important.

When to get a lawyer

Consult a Missouri probate attorney as soon as you learn a contest is possible or after you receive notice of probate filings. An attorney can explain Missouri procedural rules, court filing requirements, and likely timelines in your county probate court, and can act quickly to preserve assets and evidence.

State references and further reading

Missouri statutory provisions related to wills and probate are available on the Missouri Revisor of Statutes website. For general reading, see:

• RSMo Chapter 474 – Wills
• RSMo Chapter 472 – Probate of Wills

Helpful Hints

• Act quickly: early preservation of evidence matters. Delay undermines proof of capacity or undue influence.
• Keep everything in writing. Letters, emails, and written requests to the executor create a clear record.
• Ask the court for temporary relief if an executor is dissipating assets. Probate judges can issue protective orders and require bonds.
• Use nonprobate transfers where appropriate to bypass probate entirely (beneficiary designations, POD/TOD accounts, payable-on-death deeds).
• Carefully evaluate settlement. Litigation is expensive; a reasonable settlement can preserve more value for beneficiaries.
• Before changing estate plans, consult a Missouri attorney to understand tax, Medicaid, and creditor impacts of transfers or trusts.
• Document the testator’s intent. A letter of explanation or video statement prepared while the testator was competent can be persuasive evidence later.

Important disclaimer

This article provides general information about Missouri law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Missouri probate or estate litigation attorney.