Legal Question in Wills and Trusts in Missouri
My father in law passed away & my mother in law is my wife's step mother.
My mother in law is spending money on her children only.
My wife has been totally left out of the estate and everything.
there was not a will from my father in law. All properties are in my mother in law's name.
My question is, does my wife have an legal actions she can take to get anything from her father's estate. ? Also, is there a law guaranteeing the fathers first children are not left out do to a Step mother. ??
1 Answer from Attorneys
In Missouri, a very general sense, when a married person dies without a will, their estate is split between their surving spouse and their children that are not of that surviving spouse. There are exceptions and elections a surviving spouse can make to increase their share. But, children (not of the surviving souse) should not be totally left out. In order to get her rightful property, your wife may need to open a decedent probate estate for her father, in the county where he lived or had real property. When someone does this, it often spurs the surving spouse to let go of family heirlooms that mean nothing to them. But, it can make them dig in thier heels and hide or refuse to let go of property to spite the stepchild that starts the estate.
This has been a very general descro\iption of the law in Missouri. Before yoru wife decides how to proceed, she shoudl consult direclty with a probate attorney in her area that can have access to the specific facts of her father's estate. Many attorney offer a free or low cost initial consultation. But, she she should not wait, as she has a very limited time in which to open an estate.
Good luck
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