Right of election personal to surviving spouse
When a spouse dies, the one still living has a special right to choose how they get their share of what was left behind. That right belongs only to that surviving spouse — it cannot be given away or used by someone else after the surviving spouse dies. If the surviving spouse has a disability or is a minor, a court-appointed helper can make that choice for them, either with the court's approval or if the court orders it.
474.200. personal to . — The right of election of the surviving spouse is personal to him. It is not and cannot be exercised after his death; but if the surviving spouse is or a , his or may elect for him with the approval of the court or, on of an , the court may his guardian ad litem or conservator to elect for him.
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Source & history notes
(L. 1955 p. 385 § 256, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.