Legal Question in Wills and Trusts in Missouri

My husband has a will outlining how his assets are to be distributed. If I am his surviving spouse do I keep the assets until I die abnd then they are distributed?


Asked on 1/21/11, 10:06 am

2 Answers from Attorneys

Anthony Smith LawSmith

Your question has many subquesitons and qualifiers that you may not anticipate. Genrally, the assets will be dealt with per the terms of a will admitted to probate. If proprety is given to soemone with a life este reserved for you, then you will get the use of those tems for the rest of yrou natural life. But, a surviing spouse may elect to take their stuatory share (among other things) instead of how the will says things are to be distributed. If this is at all confusing, you should take a copy of the will to a probate attorney in your area. so that they can explain you options.

Good luck

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Answered on 1/26/11, 10:16 am
Michael R. Nack Michael R. Nack, Attorney at Law

A person may leave property that that person owns at the time of edeath to another person by setting the gift out in a legally valid Will. If you and your husband own property jointly then that property does not pass under the Will. In Missouri the law provides a way for a surviving spouse to "take against the Will" under certain circumstances. I would agree that you need o cvonsult with an attorney in your area.

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Answered on 1/29/11, 2:18 pm


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