If someone dies without a Will and was married several times, how is their estate split?

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If someone dies without a Will and was married several times, how is their estate split?

He was married twice, and divorced twice, and then remarried first wife. First marriage 2 boys 38, 32 years old; second marriage 2 boys 16,17 years old (they are under their mother guardianship). First wife still alive. How do we share his stuff legally?

Asked on February 17, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Since he died "intestate" the intestacy laws in the state will apply.  How many times he was married does not really matter.  Only if he was married when he passed and how many children he had. But Missouri'a intesacy laws do distinguish if the children are from the same present spouse and it could get complicated.  I believe because there are children of the second marriage that his wife would receive half of the estate and the children will share the rest equally. Please seek legal help in probating the estate. Good luck.


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