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Intestate Succession

The distribution of property when a person dies without leaving a valid will. The spouse and heirs will take by the laws of descent and distribution. Missouri’s general rules for intestate succession are found at R.S.Mo. 474.010.

Intestate/Intestacy

A situation where a person dies without leaving a valid will.

Executor

The person appointed to administer the estate of a person who has died leaving a will which nominates that person.

Estate Tax

The estate tax is a tax imposed on the property and assets that an individual leaves behind or transfers at death. Under 2013 laws, the first $5.25 million of the estate is exempt from the tax.  Additionally, the exemption is “portable” between spouses, meaning a married couple can pass up to $10.5 million to beneficiaries without incurring any estate taxes.

Descendant

A person who is a blood relative in the direct line to an ancestor, such as child, grandchild, great-grandchild and on forever. Also known as a lineal descendant. Compare – collateral descendant, a relative descended from a brother or sister of an ancestor.

Decedent

The person who has died, sometimes referred to as the “deceased.”

Commingling

The act of mixing, sharing or pooling of funds belonging to one party with those of another party. Commingling of trust funds, personal and business funds, or principal and agent’s funds is generally prohibited under Missouri law.

Claims

Debts and Creditor’s claims filed against estates.

Beneficiary

Any person or entity who is to receive assets, profits or other benefits from an estate, trust, insurance policy, or any instrument, contract or account in which there is distribution. Trust beneficiaries are also known as cestui que use or cestui que trust.

Basis

The original cost of an asset to be used to determine the amount of capital gain (or loss) upon its sale. The basis be increased or decreased over time due to capital improvements or depreciation.

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