Do I have to leave my half of assets to my wife
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to leave my half of assets to my wife
I would like to leave half of my assets to my son from previous marriage
Asked on August 2, 2016 under Estate Planning, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
MO law does not allow a person to completely disinherit their spouse. If a surviving spouse is left out of a decedent spouse's Will, whether intentional or accidental, they have a "right of election". Accordingly, state law permits a spouse to inherit 1/3 of the estate if the decedent spouse had children and 1/2 of the estate if there are no surviving descendants.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.