Missouri Intestate Succession Laws
What happens if you die without a will? The good news is that the state of Missouri has created laws – referred to as “intestate succession laws” – just to help you in this exact situation! The bad news is that these laws may not follow the same plan that you would.
So who gets your stuff in Missouri?
If you are married at the time of your death:
If you do not have any children, your spouse will receive everything.
If you have children and your spouse is the parent of all of your children, your spouse will receive the first $20,000 of your estate and then receive half of the remaining estate; your children will split the other half in equal shares.
If you do have children but your spouse is not the parent of all of your children, your spouse will receive half of your estate and your children will split the other half in equal shares.
If you are not married at the time of your death:
If you have children, your children will split your estate in equal shares.
If you do not have children, your parents and siblings will split your estate in equal shares.
If you do not have children, parents, or siblings, your grandparents, aunts, and uncles will split your estate in equal shares, and so on.
If you do not have family entitled to inherit, your estate can be split among the heirs of a predeceased spouse – provided you were married at the time of their death. And, to keep things interesting, if there is more than one predeceased spouse to whom you were married at the time of their death, it will be split equally among each predeceased spouse.
If you do not have family entitled to inherit, and you do not have a predeceased spouse with family entitled to inherit, the state will receive your property. However, as you can see the laws do make that a last resort. If you want to make sure the state does not receive your property, you are probably safe.
Did you notice that a spouse will have to split your estate with your children? That is not something most people want, as the intent is to leave everything to your spouse, particularly if your children are minors. Establishing shares for minor children actually creates barriers to that money and makes it that much harder for your surviving spouse to take care of your children. You may have also noticeed there were no provisions made for close friends. The heirs of your previous spouse may receive your assets, but your best friends you talk to daily will get nothing. In order to make sure that your wishes are honored, start by downloading a copy of our estate planning analysis here!
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