My sister died in Missouri. She left no will and her survivors include 2 sons (ages 19 and 12). Who will own the house?

Question: My sister died in Missouri. She left no will and her survivors include 2 sons (ages 19 and 12), 2 brothers, and 3 sisters. Who is entitled to have possession of my sister's house?

Response: Since your sister died without a will to probate, Missouri's intestate laws will determine who inherits your sister's home. When a person dies without a will, they die "intestate."

Inheritance descent depends on who the survivors are. You don't mention that your sister has a surviving spouse. If she did have a surviving spouse, the spouse would be entitled to a part of the property, shared with your sister's sons.

If there is no surviving spouse, then your sister's sons are entitled to the entire intestate property (including the house), to be equally divided between them.

Answered by Cynthia Padilla

Additional Resources:

• Missouri Intestate Statute
• Missouri Bar

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