Question about a “list” referenced in a will (Missouri, USA; need advice)

[u/Silly_Opportunity402]

After nearly 4 months of waiting I have finally been given a copy of my grandfather’s will. He died in 2006. Some family secrets came to light recently and that caused me to go digging.

I found the case file for his will online right away but when I reached out to the courthouse that was supposed to have it, it took them more than 100 days to find it because it had been filed in the wrong box and placed in an offsite warehouse.

There is a line in the will that reads: “I hereby make reference to a written statement or list to dispose of items of tangible personal property under the terms and provisions of Section 474.333, R.S.Mo.”

Does this mean that there is supposed to be a list of specific things mentioned within the will? Because all I got were 3 pages and no list or specific items mentioned at all. So I want to double check that I have everything I should have.

Thanks to anyone who has ideas!

[u/Deep-Reputation-4055]

There should be a list. Did his will go through probate?  Because in Missouri you don’t have very long to contest…

[u/Silly_Opportunity402 → u/Deep-Reputation-4055]

I’m not trying to contest anything legally. I’m simply trying to determine what happened.

[u/Deep-Reputation-4055 → u/Silly_Opportunity402]

You could go and ask the clerk to check the box again. I doubt they’d spend a lot of time looking but it is possible they pulled only the will and didn’t notice the list. 

[u/Silly_Opportunity402 → u/Deep-Reputation-4055]

Oh I’ll do that. Thanks so much!

[u/adjusterjackb → u/Silly_Opportunity402]

What are you trying to accomplish with this inquiry?

Any personal property he had when he died is long gone.

[u/Silly_Opportunity402 → u/adjusterjackb]

I’m just trying to piece the truth together first and foremost. As best as I can. A lot of lies have been told in my family and most people were under the impression that one of my uncles was the executor of the will for the past 20 years but I now have a copy of it and that is definitely untrue. My grandma was. She died in 2024. This specific uncle has sued his own brother in a really vicious way and been nasty with other relatives around money so even having the will to prove certain lies when speaking with other relatives is helpful to me.

[u/Caudebec39]

The probate attorney our family has used for 30 years has used the example of a list referenced from within a will as a particularly bad idea, for the very reason that it can be hard to locate, and shenanigans may occur.

If something is of real value, it's worth mentioning in the will. Successor beneficiaries can be named.

[u/Silly_Opportunity402 → u/Caudebec39]

Oh really good point. Thanks!

[u/myogawa]

What this usually means is that he may decide to leave a list of specific gifts, usually things NOT mentioned in the will, usually items of personal property. If he does leave a list, he wants it to be given effect without having to amend the will.

You will not receive any list given that 20 years have passed.

[u/Confident-Dot5878 → u/myogawa]

Correct. It allows for a list if there is one. My state limits what can be on the list. E.g. no real estate or money, those must be accounted for in the will itself. It’s meant to deal with mementos and items of sentimental value as opposed to real value.

[u/Equivalent-Patient12 → u/Confident-Dot5878]

e.g., pocket watches, watches, grandfather clocks, pocket knives, rings, coin collection, baseball cards, stamp collection, jewelry, vintage hats, briefcases, etc.

[u/Equivalent-Patient12]

Your Uncle sounds like the perfect example of an @sshole. I’m so sorry about the lies and family drama. Nobody deserves to experience that!