In this blog, we want to better educate you about Missouri inheritance laws in the situation where a person dies without a Will or no other non-probate transfer directions are in place.
Spouses & Children Intestate Succession Laws
First, let’s start with spouse intestate succession laws. Spouses are legally entitled to the full estate if no children of the decedent are living, according to Missouri law.
A spouse is entitled to the first $20,000 in value of the estate and 50 percent of the balance of the estate if they have children and those children will receive the remainder.
If the deceased has children that are not also the children of the surviving spouse, the latter gets 50 percent of the estate and the surviving spouse’s stepchildren receive the remaining half.
Unmarried Individuals with Children
The children of an unmarried decedent will receive the estate in equal parts.
Unmarried Individuals Without Children
The estate is divided up evenly among the deceased’s parents or siblings. If they have parents but no siblings (or spouse or children), then the entire estate goes to the parents. The same goes for if they have siblings but no surviving parents (and no spouse or children). Then, the entire estate is split up evenly among their siblings
Estate Plan Significance
While many individuals pass with a Will in place, many do not. If you are deceased in Missouri with a valid Will, or have a non-probate direction in place as individual assets (such as joint ownership, transfer on death, payable on death, a beneficiary deed, or trust) all belongings, property, and other assets will be distributed according to those directions.
In the absence of a Will or other non-probate directions, the deceased’s estate is distributed according to Missouri’s intestate succession laws described above.
Estate Planning with a Professional
Professional help is very useful in estate planning. At Brydon, Swearengen & England P.C., we offer a variety of representation for estate planning in Jefferson City and the surrounding Missouri region.
Whether you need assistance with large or small estate matters or have a family member or loved one who may need legal advice, our experienced estate planning attorneys can help.
Contact us today to receive the help you need during this time.