Estate conveyed determines on failure of contractual bar
If a surviving spouse was given property through a deal meant to replace their inheritance rights, but that deal turns out to be legally invalid, the surviving spouse cannot keep both. If they go ahead and claim their inheritance rights anyway, they lose the property that was given to them under the failed deal.
474.130. conveyed on failure of . — When any , , , agreement or contract the or other of a spouse, through any , fails to be a legal bar to such rights and the demands his inheritance and statutory rights, then the estate and interest so conveyed to the surviving spouse ceases and determines.
(RSMo 1939 § 336, A.L. 1955 p. 385 § 249)
Prior revisions: 1929 § 336; 1919 § 332; 1909 § 364
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.