Last Will & Testament
A Last Will and Testament is a legal document that tells the court who you want to get your assets when you die. If you have a minor child(ren), a Will is a legally recognized document where you can choose who will be the guardian of your minor child(ren) should you die or become incapacitated.
When you create a valid will, the court will follow your instructions for the distribution of your estate instead of relying on state intestate succession law.
What if I don’t have a Will?
If you haven’t pursued any form of estate planning, Missouri law will determine who receives your property when you pass away. Those who die without having a valid Will, will generally have their assets distributed as follows:
-If you have a spouse and children, then ½ to spouse and ½ to your children (in equal parts).
-If you have no spouse but no children, then all to your children (in equal parts).
-If you have a spouse but no children, all to your spouse.
-If you have a child who died before you, then their children will take the deceased child’s share.
-If you have no spouse and no children or descendants (grandchildren, etc), then to your mother, father, brothers and sisters or their descendants in equal parts.