Waiver of right to elect
A husband or wife can give up their right to claim a share of their spouse's estate, but only if they sign a written agreement, were fully told what rights they were giving up, and got something fair in return. This agreement can be made before or after the wedding.
474.220. of right to elect. — The of a hereinbefore given may be before or after marriage by a written contract, agreement or waiver signed by the waiving the right of election, after of the nature and extent of the right, if the thing or the promise given to the waiving party is a under all the circumstances. This written contract, agreement or waiver may be filed in the same manner as hereinbefore provided for the of an .
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Source & history notes
(L. 1955 p. 385 § 258) (1964) Section 474.220 exclusively controls a will case and section 474.120 applies only to an intestate estate. In re Adelman's Estate (A.), 377 S.W.2d 549. (1964) Surviving widower who had entered into antenuptial contract with wife and received fair consideration therefor and where there had been full disclosure, could not elect to take against wife's will. In re Adelman's Estate (A.), 377 S.W.2d 549.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.