Full question:
My daughter's father passed away in Dec. of 2006, she did not live with him, she is getting SS, but was recently informed she is entitled to a percent of any of his assets. Is this true and what do I do?
- Category: Wills and Estates
- Date:
- State: Missouri
Answer:
The answer depends on whether he left a will. If there is no will, Missouri's intestate laws apply. According to these laws, property of a person who dies without a will is distributed as follows:
1. If there is a surviving spouse, they receive:
- All property if there are no children.
- The first twenty thousand dollars plus half of the remaining estate if all children are also children of the spouse.
- Half of the estate if there are children, some of whom are not children of the spouse.
2. If there is no surviving spouse, the estate goes to the decedent's children or their descendants in equal shares.
3. If there are no children, the estate goes to the decedent's parents, siblings, or their descendants in equal parts.
4. If there are no eligible heirs, the estate may go to the relatives of a predeceased spouse.
5. If no one is eligible to inherit, the property will escheat to the state.
For your daughter to inherit, she must be recognized as a child of the deceased. If he did not have a will, you may want to consult with a legal professional to explore her rights and the next steps.
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.