What does 'issue' mean under Missouri intestate law?

Full question:

Under intestate law in Missouri they state that the surviving spouse shall receive the entire intestate estate if there is no surviving issue of the decedent. What do they mean by issue? If this means surviving children (adult) is it blood children first then children by 2nd marriage come next in the distribution?

Answer:

In Missouri, the term 'issue' refers to the direct descendants of the decedent, primarily children. If the decedent has no surviving children, the entire intestate estate goes to the surviving spouse.

Regarding inheritance from children of different marriages, Missouri law does not prioritize blood children over stepchildren in terms of inheritance. All children, regardless of the marriage, are considered equally in the distribution of the estate.

Additionally, under Missouri law, if the inheritance passes to the decedent's relatives, those of whole blood inherit more than those of half blood (Mo. Rev. Stat. § 474.040). However, this only applies to collateral relatives and does not affect the direct inheritance rights of the surviving spouse or children.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, in Missouri, a surviving spouse automatically inherits the entire intestate estate if there are no surviving children or issue of the decedent. If there are children, the estate is divided between the spouse and the children according to Missouri intestate laws.

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