When someone dies without a will, gifts they gave to family members while alive only count against that family member's share of the inheritance if there is a written record saying so — either written by the person who died or signed by the family member who got the gift. The gift's value is figured at whichever comes first: when the family member started using the gift, or when the gift-giver died. If the family member who got the gift also dies before the gift-giver, the gift does not affect what that family member's own children inherit, unless the written record says otherwise.
474.090. counted against share, when — . — If a person dies as to all his , property which he gave in his lifetime to an is treated as an against the latter's share of the estate only if declared in a by the or in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into or enjoyment of the property, or as of the time of death of the decedent, whichever occurs first. If the of the property fails to the decedent, the property is not taken into account in computing the to be received by the recipient's , unless the declaration or provides otherwise.
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Source & history notes
(L. 1955 p. 385 § 244, A.L. 1980 S.B. 637) Effective 1-01-81
Related Missouri laws
Issue of void or dissolved marriage, legitimate
RSMo 474.080
Alienage no bar to descent
RSMo 474.100
Legitimation by marriage
RSMo 474.070
Curtesy and dower abolished
RSMo 474.110
Determination of relationship of parent and child
RSMo 474.060
Inheritance and statutory rights deemed waived, when
RSMo 474.120
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.