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The legal details of intestacy

Posted on September 27, 2017

The loss of any loved one in the family can come with its own set of challenges, including the handling of that family member’s will. The process of determining a will is usually simple, but what if the person who died left no trace of planning a last will? Missouri’s intestacy laws oversee these types of situations, and assists those who are left with the loss of a loved one and a sea of legal questions.

The Balance news breaks down the steps of intestacy succession laws in Missouri, stating that the Missouri Probate Code ultimately determines the outcome of one’s probate estate. The outcome of each case depends on whether the surviving family is a spouse, child or other family member. If the survivor is a spouse or descendant, the spouse inherits $20,000 of the deceased’s spouse’s probate, plus one half of the balance; descendants inherit the remainder. In the case that there are no direct descendants, Missouri law distributes the probate to grandchildren.

The determining of a will can be a daunting topic for any family member. Next Avenue, a news outlet dedicated to helping individuals care for their older family members, points out that the event of sorting out a will does not always arise after a person has died. When certain health incidents occur and result in one’s inability to make rational decisions, family members are often left with no direction in deciphering estate. For this reason, health insurance documents, banking information and deeds and titles are among only a few of the many components that can unexpectedly become vital.