Who Qualifies As Intestate Heirs In Missouri?

[Dandy Don]

What is the name of your state? MISSOURI

A 70-year old man who never married or had children dies in Missouri. On his birth date in 1930 his name was changed when he was adopted into another family.

Now he has died and left an estate without a will. Who qualifies to inherit? There are surviving cousins in his biological family and in his adopted family. Do both sets of cousins qualify as legal heirs or just one group in particular?

 

[Zigner]

Missouri Revised Statutes
Chapter 474
Probate Code--Intestate Succession and Wills
Section 474.060

August 28, 2007


Determination of relationship of parent and child--adopted person is child of adopting parent, exception--illegitimate child, relationship determined.

474.060. 1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.

2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:

(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;

(2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child.

 

[Dandy Don]

Thank you so much, Zigner, for your helpful response. Do you practice law in Missouri or did you just take an excerpt from the Missouri law online? I may have a follow-up question if you are familiar with Missouri state probate law.