Legal Question in Wills and Trusts in Missouri

death of a spouse

If my spouse dies before me but in his will he states that half of his estate will be divided equally between me and his daughter from a previous marriage, will that hold up in court or, as his spouse, am I entitled to whatever assets there are?

Thank you!


Asked on 3/30/09, 1:15 pm

2 Answers from Attorneys
Anthony Smith LawSmith

Re: death of a spouse

Without a will, you and the daughter from the previous would split the probate estate. Many items might pass to you by survivorship and not be part of the probate estate. Without examing the will, it is impossible to predict how it will affect inheritance rights.

Good Luck

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Answered on 3/31/09, 2:21 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: death of a spouse

As his spouse you are entitled to "take against the Will" which would leave you with one-half of his estate.

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Answered on 4/02/09, 12:57 am


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