Intestacy laws, also known as laws of descent and distribution, govern how a deceased person’s estate is distributed if they die without a valid will. In Missouri, these laws are designed to ensure that the deceased’s assets are appropriately allocated among their surviving relatives. Understanding Missouri’s intestacy laws can help you comprehend what might happen to an estate in the absence of a will.
Definition of Intestacy
Intestacy occurs when a person dies without a valid will. In such cases, the state of Missouri steps in to distribute the deceased’s estate based on a predetermined hierarchy of heirs. This legal framework aims to reflect what the average person might have intended if they had made a will.
Hierarchy of Heirs
Missouri intestacy laws follow a specific order of priority when distributing the estate:
- Surviving Spouse: If the deceased has a surviving spouse but no descendants (children, grandchildren, etc.), the entire estate goes to the spouse.
- Surviving Spouse and Descendants: When both a surviving spouse and descendants exist, the distribution changes. The surviving spouse receives the first $20,000 of the estate, and half of the remaining balance. The rest goes to the descendants, divided equally among them.
- Descendants Only: If there is no surviving spouse, the estate is divided equally among the descendants.
- Parents and Siblings: In cases where the deceased has no surviving spouse or descendants, the estate goes to their parents equally (if both are alive), or to the surviving parent. If no parents are alive, the estate is divided among the deceased’s siblings or their descendants.
- More Distant Relatives: If the deceased has no immediate family members (spouse, children, parents, siblings), the estate will be divided among more distant family members such as grandparents or their descendants (aunts, uncles, cousins).
- Escheat to the State: If no eligible heirs can be found, the estate “escheats,” or reverts, to the state of Missouri.
Special Considerations
According to the St. Louis estate planning attorneys at TdD Law, the intestacy laws include specific provisions for more complex family situations:
- Adopted Children: Adopted children are treated the same as biological children under Missouri’s intestacy laws. They have the same rights to inherit from their adoptive parents as biological children would.
- Stepchildren and Foster Children: Unlike adopted children, stepchildren and foster children do not have automatic inheritance rights in intestacy cases unless they were legally adopted by the deceased.
- Posthumous Children: Children conceived before but born after the deceased’s death (posthumous children) are treated as living descendants for intestacy purposes.
- Half-Siblings: Half-siblings share equally with full siblings under Missouri intestacy laws, inheriting the same proportion of the estate.
- Advancements: If the deceased gave a significant gift to an heir while they were alive, it might be considered an “advancement.” This means the gift’s value could be subtracted from that heir’s share of the estate, ensuring equitable distribution among all heirs.
Missouri’s intestacy laws serve as a default mechanism for distributing estates without a will, ensuring the deceased’s assets are allocated to surviving family members according to a well-defined hierarchy. While these laws aim to be fair and predictable, they cannot accommodate personal preferences or complex family dynamics as effectively as a tailored estate plan. Drafting a will and involving professional estate planning can provide both clarity and control over how your assets are managed and distributed after your death.
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