[obermeierjm]

My mother, stepfather and I being the primary caregivers decided to sell our homes both which were in her and my stepfathers names. The home I lived in was paid for and would have been mine upon her death. We sold them both and move into another home together that would allow us to take care of her needs easier. The doctors gave my mother 5 years so we expected to have her retire here. My stepfather has not worked in 10 years and we have lived in this home 9 months before she passed away. Are there any rights to the estate for my mothers biological children?

[GV70]

Under Missouri Revised Statute 474.010(1), the surviving spouse is the first to inherit from the decedent's estate. If there are no surviving descendants, the spouse inherits the entire estate. If the descendants are also the spouse's children, the spouse will receive $20,000 and half of the estate, but if the descendants are not the spouse's children, the spouse inherits half of the estate. 474.010(2) states that the decedent's descendants inherit the remainder of the estate in equal shares after the spouse inherits, or the entire estate if there is no spouse. If there are no descendants, the decedent's parents will inherit. Siblings are entitled to inherit next if the parents are already deceased. More distant relatives can inherit if there are no other heirs. Lastly, under 474.010(3), if the decedent does not have any surviving heirs, the estate will escheat (pass) to the state.

http://www.moga.mo.gov/statutes/C474.HTM