How Complex Family Situations Impact Intestacy Statutes

Stephanie Pierce recently published a Note entitled, Probable Intent vs. Certainty: The Missouri Probate Court and the Uniform Probate Code, 80 Mo. L. Rev. 833 (2015). Provided below is a summary of the Note:

This Note seeks to address how increasingly complex family situations should impact intestacy statutes. In In re Brockmire, the Supreme Court of Missouri specifically addressed what occurs when a decedent predeceases his biological granddaughter and his biological daughter, who had been adopted as an adult by her stepfather. Unfortunately, the court, bound by statute, was unable to even contemplate a remedy consistent with the probable intent of the decedent.

In addressing this complex set of family circumstances, this Note will first take an in-depth look into Missouri intestacy law. Additionally, this Note will address and analyze the different approaches of other states, as well as the approach taken by the Uniform Probate Code, and will compare each of those methods to the applicable Missouri statutes. This Note argues that the current Missouri intestacy statutes are antiquated and need to be reformed to match the standards set forth by the Uniform Probate Code.