Legal Question in Wills and Trusts in Missouri

Congratualtions on your marriage. If you are concerned that your husband will not get as much as you want him to, you might need a will or other instrument. If you are concerned he will get too much, you might want a will or other instrument, although here is no guarantee of the amount to pass in Missouri.

Each case is different. But, without wills, generally the surving spouse get between 50% and 100% of the decedent's probate estate. The variance is due to other claimants such as creditors, children not of the union, or shared property that the decedent had only a partial interest in. The portion that goes to him, (most likely your house) would then probably pass to his daughter when he dies.

If he passes first, you may be able to get more than 50% of his estate, (even if he has a will) by making your statutory elections. If his daughter is a minor at the time, this may be less likely.

If your husband has not changed the beneficary on his life insurance or his 401K, you may not get them without a long fight. If he makes the changes then you may rest a little easier.

If you do not wish him to get the house outright, you may deed it to yourself and someone else as cotenants. He may still get to live there for the remainder of his life, but it could then pass to whom you choose.

Probably the best option is for you and your husband to gather your pertinent documents and see a probate attorney in your area. Many offer a free or low cost initial consultation. You may email me if you need a referral for your area.

Good luck

If your husband owns his account at Edward Jones and has named his daughter as beneficiary, you will not get that account upon his death. His daughter will get it. If you own real estate in your own name and you die owning it that way, it will go into Probate Court. In any event, even from the limited facts you have presented, it seems clear that you would benefit from hiring an attorney to advise you and to do some Estate Planning including drawing up Wills, possibly preparing a Beneficiary Deed, dealing with the various assets and various people concerned, making sure that you have Health Care Directives, Powers of Attorney and everything you need. For all of these services you might expect to pay anywhere from $500 to $800 or so. I have done hundreds of these for clients and family over the last thirty-three years. If you do not already have an attorney, and if you are in my geopgraphical area, I might be able to help you myself. Please feel free to call me for a free telephone consultation.