What if the estate has just enough for the decedent’s surviving spouse and minor children?
In Missouri, if no will was admitted, the surviving spouse is entitled to receive:
- ½ of the estate of an intestate decedent.
- If the decedent is survived by children and the spouse of the intestate is also a parent of those children, the spouse receives an additional $20,000.
- Exempt property such as the family Bible, books, clothing, household appliances, furniture, and one automobile.
- A support allowance for his or her maintenance (and that of the unmarried minor children) for a period of one year after the decedent’s death. The amount depends on the family’s previous standard of living.
If a will was admitted to probate, but the will gives the surviving spouse less than the above, the spouse may elect to “take against the will.”
Unless there was a contract such as a prenuptial or postnuptial agreement made before death, the decedent cannot completely disinherit a spouse under a will unless some form of contractual arrangement (e.g., prenuptial or postnuptial agreement) has been made before death.
Surviving spouses and the decedent’s minor children can file what are called “refusals of letters” to have their statutory allowances paid from a decedent’s estate if the estate is valued at a lesser amount than the allowances.
If you recently lost your spouse and need assistance with probate, call Hannam Law for a consultation.
The preceding article is for information purposes only and is not intended to be legal advice. For help with a guardianship or conservatorship, please consult a Missouri probate attorney such as Hannam Law.