Will In-Laws Inherit If I Don’t Have a Will in Missouri?
Will your in-laws inherit your estate if you die without a will? In Missouri, the short answer is generally no. Missouri’s intestate succession laws determine who inherits when someone dies without a valid will, and those laws generally prioritize a surviving spouse, children, descendants, parents, siblings, and other qualifying relatives rather than in-laws.
However, an in-law could eventually receive some of your assets depending on what happens to the property after it passes to your legal heirs. For example, if your child inherits from your estate and later shares those assets with a spouse, the spouse could ultimately benefit.
If you have specific wishes about whether your in-laws should—or should not—receive part of your estate, an estate plan can help you make those intentions clear.
Who Inherits If You Die Without a Will in Missouri?
When someone dies without a will, they are considered to have died intestate. Missouri law determines which relatives are entitled to inherit the deceased person’s probate estate.
The people who may inherit can include a surviving spouse, children and their descendants, parents, siblings and their descendants, and more distant relatives depending on the surviving family members.
The important point is that being an in-law does not, by itself, make someone an heir under Missouri’s intestate succession laws.
For example, your daughter-in-law generally would not inherit your estate simply because she is married to your son. Your son may inherit from you under Missouri law, but his wife does not automatically inherit your estate because of her relationship to you.
This is one reason it is important to understand what happens to your property if you die without a will.
Can an In-Law Receive an Inheritance From Your Estate?
Yes. You can intentionally leave assets to an in-law if that is what you want.
A will can specify that a son-in-law, daughter-in-law, or another person should receive particular assets or a specified share of your estate. You can also explore using a trust if a trust-based distribution would better accomplish your goals.
Estate planning gives you the opportunity to make decisions based on your relationships and wishes rather than leaving the distribution of your probate assets to Missouri’s intestacy laws.
For some families, the goal is the opposite: they want to make sure an inheritance remains within the family and is not diverted to an in-law or another third party.
That requires careful planning.
How Can You Protect an Inheritance From an In-Law?
Simply leaving an inheritance directly to a child may not provide the level of protection some parents or grandparents want.
Once assets are given outright, the recipient generally has control over those assets. Depending on the circumstances, those assets may become exposed to financial problems, creditors, bankruptcy, or divorce.
One option is to use a trust to hold the inheritance rather than distributing it outright.
What Is a Heritage Trust?
Rudy Beck and Jayson Lenox co-created a trust that the firm calls a Heritage Trust. A parent or grandparent can use this type of trust to leave assets to a child or grandchild while providing protections for the assets held in the trust.
The Heritage Trust is designed to help protect inherited assets from risks such as bill collectors, bankruptcy proceedings, and divorce.
This type of planning can be particularly valuable for parents who want to provide for their children while also preserving family wealth for future generations.
A Heritage Trust can also address the concern some parents have about an inheritance eventually benefiting someone outside the family. Rather than simply handing assets to a child, the trust can establish rules governing how those assets are held and distributed.
Every family is different, so the appropriate trust provisions depend on the family’s circumstances, assets, and objectives.
Learn more about the Heritage Trust and estate planning
What About a Prenuptial or Postnuptial Agreement?
A trust is not the only potential tool for protecting an inheritance.
A prenuptial agreement can establish financial terms before a child marries. Depending on its terms, it may address how certain assets—including inherited property—will be treated during a marriage and in the event of divorce.
A postnuptial agreement can serve a similar purpose for couples who are already married. These agreements may establish how property is treated if the marriage ends.
Because these agreements involve specific legal requirements and individual circumstances, families should discuss them with an appropriate attorney before relying on them to protect inherited assets.
Estate Planning Can Help You Decide Who Benefits From Your Estate
Whether you want your in-laws to receive an inheritance or want to protect your children’s inheritance from potential claims involving a spouse, estate planning gives you greater control over what happens to your assets.
Without a will or other appropriate estate-planning documents, Missouri’s intestate succession laws—not your personal preferences—will determine who inherits your probate estate.
A comprehensive estate plan may include a will, trust, beneficiary designations, and other strategies designed to work together. For families concerned about protecting wealth for children and grandchildren, a trust such as a Heritage Trust may provide an additional layer of protection.
The right approach depends on your family relationships, financial circumstances, and goals. An experienced estate planning attorney in Missouri can help you evaluate those issues and develop an estate plan designed for your particular situation.
Frequently Asked Questions
1. Will my daughter-in-law or son-in-law inherit my estate if I die without a will in Missouri?
Generally, no. An in-law does not become an heir simply because they are married to your child. Missouri’s intestate succession laws identify the relatives who may inherit when someone dies without a will. However, an in-law could benefit indirectly if their spouse inherits assets from your estate and later shares those assets with them.
2. Can I leave an inheritance directly to my in-laws?
Yes. If you want a son-in-law, daughter-in-law, or another in-law to inherit from you, you can generally include that person in your estate plan. A will or trust can specify who should receive your assets and under what conditions.
3. How can I protect my child’s inheritance from a divorce?
One approach is to use a trust rather than giving your child an inheritance outright. A properly structured trust can establish rules for how inherited assets are held and distributed and may provide protection from certain risks, including divorce, creditors, and bankruptcy. A Heritage Trust is one option that may be appropriate for some families.
4. What happens to my estate if I don’t have a will in Missouri?
If you die without a valid will, Missouri’s intestate succession laws determine who inherits your probate assets. Depending on your family circumstances, your surviving spouse, children, descendants, parents, siblings, or other relatives may inherit. An in-law generally is not entitled to inherit simply because of the marital relationship.
Protect Your Family’s Inheritance With a Missouri Estate Plan
You may have spent decades building your assets and creating financial security for your family. Deciding who should benefit from those assets—and how an inheritance should be protected—is an important part of estate planning.
Whether you want to provide an inheritance to an in-law, keep an inheritance within your family, or protect assets for your children and grandchildren, an estate plan can help put your wishes into action.
Don’t leave those decisions entirely to Missouri’s intestate succession laws.
Contact Beck, Lenox & Stolzer Estate Planning & Elder Law, LLC for all of your estate planning needs by booking a call: https://beckelderlaw.com/book-a-call/
Reference: Yahoo (Jan. 8, 2023) “Can I Leave Inheritance Money to In-Laws?”