Legal Question in Wills and Trusts in Missouri

Am I entitled to my deceased husband's portion

I moved in with my boyfriend in November of 2001. I quit my job, making $34,000/year to take care of his father. I cooked 3 meals a day 5 days a week - did all his laundry, grocery shopping, doctor trips etc... I married my boyfriend in December of 2002. He was the executor of his father's estate. My husband has 2 adopted sisters and 5 children. My husband passed away in October of 2002. His father passed away September, 2005. I am entitled to any portion of his father's estate. I have went in debt over $40,000 of my deceased husband's bills. I was told i can file a claim on the estate but have no idea how to do this. Can you please advise?


Asked on 12/11/05, 1:44 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Am I entitled to my deceased husband's portion

Your telling of the facts is a bit confusing. You seem to say that your boyfriend died in October 2002, and that you married him in December 2002. You then go on to say that his father died in 2005. This cannot be correct.

Let's assume that you were married to this man before he died and before his father died. When husband died, you were entitled to a large portion of his estate. If his father died after husband, then you are not entitled to a portion of father's estate, because you are no longer related to him. Your husband's death ended that relationship.

As to the others. Adopted children are treated just like biological children. If your rather-9in-law adopted the two girls, they have equal right to their father's estate with your husband. If your husband died before his father, then, unless there is awill to the contrary, your deceased husband's children get his share of their grandfather's estate.

You may be able to make aclaim against the father's estate for the services you rendered to him before his death. However, these are rarely sucessful.

As to the biulls you say your husband left you with. If your deceased husband ran up the $40,000 in bills in his own name, idividually, you may not be responsible for paying them. Those creditores would have to make a claim agaisnt his state for them. You would hold a higher priority level than unsecured creditors.

Good Luck

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Answered on 12/12/05, 11:41 am


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