What is legal if my husband passed away and I’m his second wife what is rightfully mine without a will or anything
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What is legal if my husband passed away and I’m his second wife what is rightfully mine without a will or anything
My husband and I was married 5 years
together 6 when he passed away. He
verbally left me everything he was
married before we met but she passed
away. He told me that he wwanted me to
have everything but wrote nothing or
left no will. Do his grown kids have
rights to anything
Asked on May 7, 2016 under Estate Planning, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When somoene dies without a Will, they are said to have died "intestate". Accordingly, the intestacy laws of the state in which they were domiciled as of the date of their death will control. Typically, an estate is divided among the spouse and the deceased's children. In MO, if someone dies intestate and leaves a surviving spouse and children from that marriage, the spouse inherits the first $20,000 of assets, plus 1/2 of the balance and the children inherit everything else; if the children are from another relationship (i.e. not with the suriving spouse), then the spouse inherits 1/2 of the property and the children inherit the remaining half.
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