Episode 41: The Will You Never Wrote: Intestate Succession in Missouri

Welcome to Law Days and Lattes, brought to you by the Wheelan Law Firm of Moberly, Missouri.

Episode Overview

• Topic: Intestate succession in Missouri.
• Focus: What happens if you die without a will.
• Goal: Understand the rules and avoid potential chaos for loved ones.

Key Topics Covered

1. What Is Intestate Succession?

• Legal process of distributing property without a will.
• Applies to assets solely in your name.
• Excludes jointly owned property or assets with named beneficiaries.

2. Missouri’s Rules of Intestate Succession

• Married, no children: Spouse inherits everything.
• Married, with shared children: Spouse gets $20,000 + half of the remainder; children get the rest.
• Children from another relationship: Spouse and children split equally.
• No spouse, but children: Children inherit equally.
• No spouse or children: Estate goes to parents, siblings, or extended family.
• No heirs: Assets revert to the State of Missouri.

3. Challenges of Dying Intestate

• Lengthy probate process.
• Potential family disputes.
• Stepchildren, unmarried partners, and charities are excluded.
• Probate costs reduce the estate’s value.

4. How to Protect Your Legacy

• Write a will to ensure your wishes are honored.
• Update beneficiary designations for key assets.
• Consider a trust to avoid probate entirely.
• Regularly review your estate plan after life changes.

Takeaway Message

• Missouri’s plan may not align with your wishes.
• Proactively create or update your estate plan.

Resources

• Contact The Wheelan Law Firm or 660-372-2152.

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This podcast episode contains general information for discussion purposes only. Each case is different and must be judged on its own merits. Missouri rules generally prohibit lawyers from advertising that they specialize in particular areas of the law.  This article should not be construed to suggest such specialization. Nothing on this site should be taken as legal advice for any individual case or situation.  This information is not intended to create an attorney-client relationship, and the listening or viewing of this podcast does not constitute an attorney-client relationship.  The choice of a lawyer is an important decision and should not be based solely upon advertisements.