Missouri Petition For Order Requiring Production of Will

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US-00743BG
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This form is a generic pleading that may be referred to when preparing a Petition to force someone who is custodian of the Last Will and Testament of decedent to produce the Will.

A Missouri Petition for Order Requiring Production of Will is a legal document that is filed with the court to compel the production of a deceased person's last will and testament. This petition is used when there are concerns or disputes regarding the existence, validity, or content of the will. In Missouri, there are several types of Petitions for Order Requiring Production of Will. These can include: 1. Petition for Order Requiring the Personal Representative to Produce Will: This type of petition is filed when the personal representative of the estate refuses to produce the original will for review by interested parties. 2. Petition for Order Requiring a Third Party to Produce Will: This petition is used when a third party, such as a bank or attorney, is in possession of the deceased person's will but refuses to release it. 3. Petition for Order Requiring Custodian of Will to Produce Will: This type of petition is filed when the person currently in possession of the will, other than the personal representative or a third party, refuses to produce it. 4. Petition for Order Requiring Executor or Administrator to Produce Will: This petition is used when the executor or administrator of the estate, who is responsible for managing the deceased person's affairs, fails to produce the will. In order to file a Petition for Order Requiring Production of Will in Missouri, specific information must be included. This includes details about the deceased person, the reason for seeking the production of the will, the names and addresses of any known interested parties, and any relevant evidence supporting the need for the will's production. It is important to follow the proper legal procedures and deadlines when filing this petition in Missouri. Consulting with an attorney experienced in probate and estate law is highly recommended ensuring that all necessary requirements are met and the petition is effectively presented to the court. In summary, a Missouri Petition for Order Requiring Production of Will is a legal document used to compel the production of a deceased person's will. There are different types of petitions depending on who is in possession of the will and refusing to produce it. Consulting with an attorney is crucial to navigate the legal process successfully.

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FAQ

Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify.

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

Where a party has failed to comply with an order requiring the production of another for examination, the court may enter such orders as are authorized by this Rule 61.01, unless the party failing to comply shows an inability to produce such person for examination.

Missouri Court Rules | Rule 58 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes | Casetext.

57.05. (a) In Missouri. Within the State of Missouri, depositions shall be taken before an officer authorized by the laws of this State to administer oaths, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts.

And non-suggestive manner in ance with Rule 57.03(d) of the Missouri Rules of Civil Procedure. An attorney may instruct a deponent not to answer only when necessary to preserve a privilege or to enforce a limitation on evidence directed by the court.

Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.

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Missouri Petition For Order Requiring Production of Will