Understanding the Consequences of Not Having a Will

A Will is a legal document that specifies how an individual wants to distribute their property upon their own death. However, many people die without having a Will in place, which can lead to potential problems for surviving loved ones.

The Concept of Intestacy

When an individual dies without a Will, they are said to have died “intestate.” In such cases, Missouri’s Intestate Succession laws determine the distribution of the deceased’s assets. These laws vary by state, but Missouri’s Intestate Succession Laws offer a default setting for what happens to one’s assets when they die if the person fails to make a Will or plan otherwise.

Determining Heirs in the Absence of a Will

When a person dies without a Will, the laws of intestate succession govern how their estate will be divided. Heirs are typically identified based on their familial relationship to the deceased.

If an individual was single and childless at their death, the state usually prioritizes their closest relatives to inherit the estate. This usually includes:

• Parents:If they are still alive, they will often be full or partial beneficiaries.
• Siblings:If there are surviving siblings, they will also often be full or partial beneficiaries. If deceased siblings are survived by their own children, often those children will be part of the inheriting class. Generally, half-siblings receive a half share, i.e., a share equal to ½ of a full sibling’s share.

For those who were married at the time of their death, the process differs slightly:

• Spouses: If a deceased person (“decedent”) was married and had no children, the surviving spouse would be the sole beneficiary.
• Children: If a decedent was not married but had children, the children will receive equal shares. In Missouri, adopted children have the same rights as biological children, while stepchildren typically do not unless they were legally adopted by the deceased.
• Spouse and Children. If a decedent has a surviving spouse and children, the spouse usually receives roughly one-half, and the children roughly one-half. A surviving spouse can apply for certain spousal allowances off the top prior to the 50/50 split with the children. This often gives the spouse more than one-half. Also, suppose the decedent and surviving spouse are both the biological parents of the children. In that case, the surviving spouse receives the first Twenty Thousand Dollars ($20,000) of the estate, off the top, prior to splitting the estate 50/50 between the surviving spouse and kids.

The bottom line is that if a person dies with assets “stuck” in “their own name after their own death, a Probate Court will be required. And if the person did not have a Will, then the Missouri Laws of Intestate Succession will apply, which identifies who one’s” is.” Finally, please note that almost everyone has “heirs”- you “may or may not know who those heirs are, but you most certainly have heirs. The Missouri intestate succession laws make sure of this!

Distribution of Assets Without a Will

When a person dies without a Will and has assets “stuck” in their name that have no co-owners or beneficiary designations on such assets, a Probate case is required. The assets will then be administered, divided, and distributed according to the Missouri laws of intestate succession. Here is how the process might typically unfold:

• Appointment of Personal Representative.If the probate assets are greater than $40,000, typically, a Personal Representative will be appointed. In the absence of a Will, it will typically be the decedent’s decedent’s or blood relative.
• Publication.Once a Personal Representative is appointed, publication is made in a paper of public circulation in that Missouri County, letting the public, including any creditors or interested parties, know that the decedent has died and a probate case has commenced.
• Appraisal of Assets: The court must file an inventory and Appraisal of all probate assets. This “inventory” “identifies “all assets requiring probate, such as bank accounts, real estate, vehicles, personal belongings, etc., and gives an estimated fair market value of all such items.
• Payment of Debts and Taxes: Before distribution to the heirs, the estate generally pays off the deceased’s applicable state or federal taxes. The decedent’s estate might also include mortgage payments, personal loans, or credit card debts.
• Compensation of Personal Representative and Attorney:Before the inheritances are finally paid, and the estate is closed, the Personal Representative is entitled to compensation for services rendered and the Attorney for the Personal Representative. A Missouri statute governs both, which requires compensation of the Personal Representative and their attorney in an amount equal to a small percentage of the estate or an hourly fee, whichever is greater.
• Distribution of Remaining Assets: After all estate expenses have been paid, the remaining assets are distributed among the heirs. The laws of intestate succession determine who inherits and in what portion.
• The Role of Probate Court:The Probate Court plays a significant role in this process. A judge often supervises asset distribution, ensuring everything is done according to Missouri laws of intestate succession. If disagreements among heirs arise, the Probate Court is also responsible for settling these disputes.

Dividing assets without a Will can be complex and lengthy. This underscores the importance of having a Will to ensure one’s assets are distributed according to personal wishes rather than the default state laws, i.e., the Missouri laws of intestate succession.

Special Considerations

When a person dies without a Will, certain situations warrant special considerations. These situations can create complications and unexpected results in the distribution of the estate:

• Unmarried or Domestic Partners: Individuals in long-term relationships without a legal marriage often have significant challenges when their partner dies without a Will.

Missouri law does not recognize a decedent’s partner as an heir. Most states, in general, do not recognize unmarried partners in their laws of intestate succession. This means the surviving partner may not be entitled to any of the deceased’s assets, regardless of the length or nature of their relationship. Therefore, if you are in a long-term, committed, unmarried relationship, it is imperative that you plan your estate accordingly and should have at least a basic Will in place.

• Charities and Friends:Another unique aspect of dying without a Will is the exclusion of non-familial beneficiaries.

If the decedent had a charity they supported or wished to leave a portion of their estate to such an organization, dying without a Will prevents this. Missouri’s intestate succession laws only recognize legal heirs, which are generally family members or descendants.

The same rule applies to friends. No matter how close the deceased was to a friend, without a Will, the friend has no legal claim to any part of the estate.

Such scenarios underscore the importance of having a Will, as it allows individuals to dictate who their beneficiaries will be, regardless of their legal relationship. Without a Will, the Missouri laws of intestate succession may not align with the deceased’s wishes to unintended and potentially disappointing outcomes.

Avoid Future Problems By Establishing a Will

The absence of a Will at the time of death can profoundly impact how an individual’s assets are divided. Missouri laws of intestate succession take precedence, often leading to outcomes that may not reflect the deceased’s wishes in cases after one dies without a Will can be complex, stressful, and time-consuming for the surviving family. Special considerations also arise for unmarried or domestic partners, friends, or charities who might have been intended beneficiaries, as they are excluded from the process under intestate laws.

Having a Will is not just about distributing assets; it’s about ensuring that loved ones are taken care of, potential conflicts are avoided, and specific wishes are honored. As such, it is a crucial part of estate planning.

If you have questions about this issue, a business attorney in Springfield, MO can help you understand the legal risks and the best path forward.

The execution of a Last Will and Testament will supersede and override Missouri’s general laws of intestate succession. Making a Will can ensure that your wishes are fulfilled and loved ones are spared unnecessary hardship and well taken care of. Executing a Will is an unselfish act that can make a significant difference for those left behind.