My father died in missouri. My step mom says there is no will. what right do I have to a portion of assets?

Question

My dad died in Missouri, and had allot of money. There was no will my step mom told me. My dad and I were very, very, close and it is hard to believe that he would of not left me anyhting. If my name was not on anything, do I have a right to it as his son? what can I do to find out I have not been lied to?

Answer 1

When a person dies without a will, the property will be divided by the laws of intestacy (in Missouri, sec. 474). Remember, before we get to that, that property that is jointly held (joint bank accounts, joint real estate, etc.) usually goes directly to the joint account/property owner and does NOT become property of the estate. (Technically, the term is "As Joint Tenants with Right of Survivorship").

Ok, so assuming that there is still property, not counting the property that was held in joint accounts, or in joint names, then the laws of intestacy apply. They can be tricky, so it would be wise to consult an attorney licensed in Missouri experienced in probate law. If you have rights, they will need to be enforced by filing documents and taking action, which will depend on the circumstances. Besides, only a licensed attorney in your state may legally provide legal advice, and so the information in this response is a general overview, only, and not intended as advice.

Assuming that there is property in the name of your father, and which is not held in joint name with someone else, then the laws of intestacy come into play. The upshot is this: Spouse gets half, and each child (or if dead, descendants) each get a pro-rata share. For example, if there are 2 children, each would get 25%, wife gets 50%. If there is one child alive, another died with TWO children (grandchildren), then the surviving child gets 25%, the two grandchildren (children of the second child) each gets 12.5%.

The statute, itself, provides as follows:


474.010. All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows:

(1) The surviving spouse shall receive:

(a) The entire intestate estate if there is no surviving issue of the decedent;

(b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse;

(c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;

Answer 2

Yes, both of you have a right. But make sure you get all of your half.

"The Missouri law of intestate succession is similar to the law of most, other states. The law itself is not written in a simple manner, because the steps of succession are involved and must be stated precisely. If a family survives the deceased, the required distribution is very different compared to no surviving family.

The surviving spouse receives all the estate if the deceased has no living mother, father or descendant. Otherwise, the spouse receives approximately half.

Since a person usually dies with a surviving parent or child, frequently the surviving spouse receives approximately one-half of the estate. If the deceased has no surviving spouse the estate belongs entirely to "other heirs." If there is a surviving spouse, and the surviving spouse is entitled to approximately half of the estate, these other heirs receive the remaining half. "

But, I'd get a lawyer...lots of info on the internet. Dying without a will is "intestate" so search for Missouri intestate

Answer 3

Hire a lawyer in Missouri.

He needs to first conduct a search for a will. If you were close, he might have told you where the will was kept. The most likely places for the will to turn up will be at your father's lawyer's office, or in a safety deposit box, if the step mom didn't have access to it.

If there is no will, then the property passes under the laws of intestacy. Unfortunately, that will not apply to anything held in accounts that were with another person (like step mom) "in survivorship.

Most states intestacy laws give the wife a specific amount, then a share of anything over that, with the other share divided among children.

Answer 4

robert_dod has a good answer here, I just wanted to add that anything that was titled in your dad and stepmom's names only, "joint with rights of survivorship", automatically becomes solely the property of the surviving person when the other one dies. That applies to real estate, vehicles, bank accounts, pretty much anything. Some married couples do title everything this way and don't even worry about wills because of it. But you may have to get an attorney to assist you in determining if that is the case for any of it, if your stepmom won't provide proof.

Answer 5

First check with the probate court in the county where he died if someone filed to administer the estate. If so, there would be a file which is public information.
If assets weren't titled in his name but in the name of a trust, you would have a harder time tracking them. But any trust document should also be recorded and there would still be tax forms to be filed with the federal government and with the state if they tax inheritances.

Answer 6

His estate will go to probate.

If there's a lot of money at stake, then hire a probate attorney.

If you want more detailed information, do a Yahoo search for probate.

Answer 7

I think that you should write romance novels because you have a very good fantasy life. Nothing to be lost and confused about. You have a lot of talent.

Answer 8

None if your step mom is still alive. The assets transfer to the surviving spouse when someone dies intestate, or without a will. You can contest it in probate but you'll likely loose.

Answer 9

yes - go to the court house and file to become part of the estate.
if you do not feel comfortable doing this...get yourself an estate attorney to assist you or to tell you how to get it done.
you will need to do this quickly, ' cause if he left monies, she has probably moved it or will attempt to move it.

good luck

Answer 10

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