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What does 'issue' mean under Missouri intestate law?

What does 'issue' mean under Missouri intestate law?

Q: Who is the next of kin when someone dies without a will in Missouri?

In Missouri, the next of kin is determined by the order of inheritance set by intestate laws. Typically, the surviving spouse is first, followed by children, parents, siblings, and then more distant relatives. This order ensures that the closest relatives inherit first.

Q: Who inherits when there is no will in Missouri?

When someone dies without a will in Missouri, the intestate succession laws dictate who inherits. The surviving spouse and children are given priority, followed by parents, siblings, and other relatives. The estate is distributed according to these established laws.

Q: What are the rights of the surviving spouse in Missouri?

In Missouri, the surviving spouse has significant rights under intestate law. If there are no children, the spouse inherits the entire estate. If there are children, the spouse shares the estate with them. The spouse also has rights to certain property and may claim an elective share in some cases.

Q: What is the order of next of kin in Missouri?

The order of next of kin in Missouri, under intestate succession, generally follows this hierarchy: surviving spouse, children, parents, siblings, and then more distant relatives. This order ensures that the closest relatives inherit first when someone dies without a will.

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?

Category: Wills and Estates
Date: 04/07/2025
State: Missouri

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

Does a surviving spouse automatically inherit everything in Missouri?

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.