Legal Question in Wills and Trusts in Missouri

I live in the state of Missouri. My boyfriend and I have lived and currently living together for 14 years. We are not married and have a son that is 13. The son is mine and his. Again we live together and pay the bills together. He does not pay me child support. My question - I will be inheriting a large amount of money from my step-father (mother has passed) over the next few months. What is my boyfriiend entitled to if anything at all, since we are not married?? It was my understanding that the state of Missouri does not recognize common law spouses/marriage. Is that also true?


Asked on 11/03/09, 5:09 pm

3 Answers from Attorneys

Keenan Post Post Warren Lindstrom, LLP

You are correct that MO does not recognize common law marriage at this time. However, to the extent you take your inherited property and purchase assets that you own jointly with your boyfriend would be subject to potential division should you all break up. Also, if you were to pass away it is very likely that your boyfriend would be appointed conservator to manage your assets for your child. I would suggest you seriously consider setting up a trust that would be in place ot manage your assets for your child should you pass away; this is much better than allowing the court to set up conservatorship to manage the assets - the assets which must be distributed outright to the child at age 18, versus a trust wherein you can specify when and how assets are distributed. Please let me know if I can be of assistance. Have a great evening.

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Answered on 11/08/09, 7:06 pm
Michael R. Nack Michael R. Nack, Attorney at Law

No, there is no common law marriage in Missouri. Your "boyfriend" does not have any legal rights to your inheritance. He also has no legal rights concerning your son. As the previouspost suggests, you need to consult with an attorney and do some estate planning at least.

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Answered on 11/09/09, 12:09 am
Richard Herndon Richard J. Herndon, Attorney at Law

I wanted to jump on this as well. I wholly agree with the previous answers. Depending to some extent on what a "large amount of money" means, you definitely should be establishing a trust with the funds that you receive as well as any other assets that you hold. Some of the benefits of trust based planning have already been mentioned, but there are many, many more that protect you, your money, and your child as well.

Don't wait!! You should consider this as an urgent matter and see an attorney well versed in these matters, and with whom you are comfortable. We're available to help as well.

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Answered on 11/09/09, 10:02 am


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