Missouri Statement of Surviving Spouse

State:
Missouri
Control #:
MO-SKU-1448
Format:
PDF
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Description

Statement of Surviving Spouse

The Missouri Statement of Surviving Spouse is a document used to determine the eligibility of a surviving spouse to collect a share of the deceased's estate. It is usually filed with the probate court when the deceased was a resident of Missouri. The statement is generally used to determine if the surviving spouse is entitled to a portion of the deceased's estate in the form of an inheritance. There are three types of Missouri Statement of Surviving Spouse: 1. Revocable Trust: This is used when the deceased had established a revocable trust prior to their death. The surviving spouse must submit this statement to the court in order to receive their share of the trust. 2. Will: This is used when the deceased had a will in place prior to their death. The surviving spouse must submit this statement to the court in order to receive their share of the estate via the will. 3. Intestate: This is used when the deceased died without a will. The surviving spouse must submit this statement to the court in order to receive their share of the estate as outlined by Missouri intestacy law.

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FAQ

Ing to the inheritance laws of Missouri, which does not recognize common law marriages, spouses are entitled to 100% of the intestate estate if there are no surviving children. If you have children, your spouse is entitled to the first $20,000 in value of the estate, plus 50% of the balance of the estate.

In most cases, if someone passes away without a will, all or the majority of their estate will pass on to their spouse, and the remaining amount will be divided between the parents of the individual who passed on or their descendants if they are not the children of the surviving spouse.

Generally, a spouse is not responsible for the medical and credit card debt or loans of their deceased partner, unless they are mutually owned. After your spouse dies, their medical debt will go through the probate process, and the estate pays them off.

In Missouri, spouses are entitled to at least half of their spouse's assets. If the deceased leaves less than half in the will, the surviving spouse can take against the estate to get their rightful half ? unless otherwise agreed upon in a prenuptial contract.

Who Is Responsible For Debt When A Person Dies? With very few exceptions, in Missouri the estate of a person is responsible for the debts, but not the individual family members or beneficiaries.

Generally, a spouse is not responsible for the medical and credit card debt or loans of their deceased partner, unless they are mutually owned. After your spouse dies, their medical debt will go through the probate process, and the estate pays them off.

The Surviving Spouse's Rights (If There Is A Will) A spouse is entitled to receive either one-half of the deceased's property if there are no children or grandchildren of the decedent, or one-third of the property if the decedent was survived by children or grandchildren.

Ing to the inheritance laws of Missouri, which does not recognize common law marriages, spouses are entitled to 100% of the intestate estate if there are no surviving children. If you have children, your spouse is entitled to the first $20,000 in value of the estate, plus 50% of the balance of the estate.

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Missouri Statement of Surviving Spouse