No Will

[Tracksrico]

What is the name of your state? Missouri
My mother and father have no will(s) . They do own jointly CD accounts and property . If one or the other dies without a will , what is the Missouri law that shows what happens to the estate of that one individual ?
Since both names are on certain properties and accounts does that mean all of the assets transfer to the other when one spouse dies ?

[seniorjudge]

Missouri Intestate Succession Laws

If any part of a Missouri decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue of the decedent, a surviving spouse is entitled to the entire intestate estate.
* If the decedent is survived by issue, all of whom are also issue of the surviving spouse, the surviving spouse gets the first $20,000, plus one-half of the remaining balance of the intestate estate.
* If the decedent is survived by issue, one or more of whom are not issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to decedent's:

1. Children, or their descendants, in equal parts.
2. Father, mother, brother or sister, or their descendants in equal parts.
3. Grandparents, and uncles and aunts, or their descendants in equal parts.
4. Great-grandfathers, great-grandmothers, or their descendants in equal parts.
5. Next of kin related to the decedent up to the ninth degree of kinship.
6. Predeceased spouse who, at the time of the spouse's death, was married to the decedent (i.e., left the decedent a widow/widower). The estate is then distributed according to the rules above, as if the predeceased spouse had died intestate.

3. State of Missouri. If there is no taker under any of the above provisions, the intestate estate passes by default ("escheats") to the state of Missouri.

Missouri Intestate Succession Law Fun Facts

* Decedent's children or descendants conceived before his death, but born thereafter, inherit as if they had been born in the lifetime of the decedent. However, this exception doesn't apply to any of decedent's other relatives.
* When dealing with collateral relatives that are of equal degree of kinship, relatives of the half-blood inherit half as much as relatives of the whole-blood.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of Missouri gets the intestate estate.
* Missouri's intestate succession laws, as well as laws relating to wills, can be found in Title XXXI, Chapter 474, of the Missouri Revised Statutes.



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[seniorjudge]

Q: Since both names are on certain properties and accounts does that mean all of the assets transfer to the other when one spouse dies ?

A: It depends on exactly how they are titled. Your folks need to talk to an estate lawyer as soon as possible.

[Tracksrico]

I wholeheartedly agree on them needing to talk to an estate lawyer , however my 89 year old father feels I guess he is going to live forever and that if the unfortunate something did happen to him since the major assets are held jointly , it would all pass to my 85 year old mother. Their assets would total in the $1,000,000 range .
So the wording on the jointly held assets is the key ? Can you give me an illustration on that ? Since I have tried on more than one occasion I cannot get my father to go to an estate lawyer .
Thanks for your help .

[seniorjudge]

Q: So the wording on the jointly held assets is the key ? Can you give me an illustration on that ?

A: John Doe and Mary Doe, husband and wife: goes to the survivor
John Doe and Mary Doe, joint tenants: goes to the survivor
John Doe and Mary Doe: goes to the heirs of the one dying
John Doe and Mary Doe, tenants in common: goes to the heirs of the one dying


(The heirs are the children, spouse, parents, sister, brother, whatever; it is more spelled out in the CCH post above.)

[Tracksrico]

Thank you , you have been a jewel !