Missouri — Should unmarried cohabitating couples have inheritance rights?

Jennifer Berhorst (J.D. Candidate, May 2009, University of Missouri-Kansas City School of Law) recently authored an article entitled Unmarried Cohabitating Couples: A Proposal For Inheritance Rights Under Missouri Law, 76 UMKC L. Rev. 1131 (2008).

Here is an excerpt from the article’s introduction:

This Note will take a close look at the differences in property rights between the traditional married couple and unmarried couples who consider themselves to be in a significant committed relationship.  Section II discuses the basis of those rights in Missouri law, examining both the division of property and property rights at divorce and at death, and how those rights differ for couples who are not in a traditional marriage.  It is evident that, under Missouri statutory and case law, those rights are distinctly different and often unequal.  Section III discusses the different approaches that jurisdictions have put in place to make the rights of marital and cohabitating couples more equal.  While some states have developed laws to treat them exactly the same, other states take a more limited approach in determining who should get rights and who should not.  Finally, Section IV analyzes the approaches discusses in the previous section to determine which approach or combination of approaches would work best for Missouri in light of its own probate history, as well as its need to broaden the inheritance rights of cohabitating couples.