What is legal if my husband passed away and I’m his second wife what is rightfully mine without a will or anything

UPDATED: Sep 30, 2022

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What is legal if my husband passed away and I’m his second wife what is rightfully mine without a will or anything

My husband and I was married 5 years
together 6 when he passed away. He
verbally left me everything he was
married before we met but she passed
away. He told me that he wwanted me to
have everything but wrote nothing or
left no will. Do his grown kids have
rights to anything

Asked on May 7, 2016 under Estate Planning, Missouri


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When somoene dies without a Will, they are said to have died "intestate". Accordingly, the intestacy laws of the state in which they were domiciled as of the date of their death will control. Typically, an estate is divided among the spouse and the deceased's children. In MO, if someone dies intestate and leaves a surviving spouse and children from that marriage, the spouse inherits the first $20,000 of assets, plus 1/2 of the balance and the children inherit everything else; if the children are from another relationship (i.e. not with the suriving spouse), then the spouse inherits 1/2 of the property and the children inherit the remaining half.

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.

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