STATE EX REL. UNNERSTALL v. BERKEMEYER

No. SC 89982.

298 S.W.3d 513 (2009)

STATE ex rel. Luanne S. UNNERSTALL, Protectee, By Anna Leighton, her Conservator, Relator, v. The Honorable John B. BERKEMEYER, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 22, 2009.


Attorney(s) appearing for the Case

Clifford S. Brown, Emily J. Kembell, Carnahan, Evans, Cantwell & Brown, P.C., Springfield, MO, for relator.

Richard A. Wunderlich, Sarah Mullen-Dominguez, Lewis, Rice & Fingersh, L.C., St. Louis, MO, Kurt A. Voss, Washington, MO, for respondent.


MICHAEL A. WOLFF, Judge.

Introduction

Where there's a will, there's a way, as the saying goes. In probate law, however, unless the will is as prescribed by statute, there is no will—no way.

The question here is whether the decedent's purported will can be admitted to probate, under the applicable statute, when it was not presented to the probate division within one year of decedent's death, as the statute requires.

When a person dies...

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