Washington, MO asked in Probate for Missouri

Q: 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei

My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?

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1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that you are not an attorney so "technically" you may not represent your daughter or anyone else n this matter. Nevertheless, your daughter is a minor and you may be able to act as her "Next friend" for purposes of any probate litigation needed to help your daughter receive her share. You will likely need to hire an attorney, unless your ex-husband's widow is totally above-board and charitable towards the child(ren).

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