Time for making of election
When a spouse dies, the surviving spouse has a set amount of time to choose whether to take the share of the estate the law gives them instead of what the will says. Normally, that choice must be made within ten days after the deadline to challenge the will has passed. But if there is an active court case that could change how much the surviving spouse would get, the surviving spouse has 90 days after that court case is fully settled to make the choice.
474.180. Time for making of . — The election by a to take the share herein provided may be made at any time within ten days after the expiration of the time limited for of , except that if, at the expiration of the period for making the election, is pending to test the or to determine the effect or , or to determine the existence of surviving the decedent, or to determine any other or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be until the expiration of ninety days after the of the litigation.
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Source & history notes
(L. 1955 p. 385 § 254, A.L. 1957 p. 829)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.