Share of omitted spouse
If someone makes a will and then gets married after that, and the will does not include the new spouse, that spouse can still inherit from the estate. The new spouse gets the same share they would have gotten if there was no will at all. But if the will shows the leaving-out was on purpose, or if the person already gave the spouse money or property outside the will to make up for it, the spouse may not get that share.
474.235. Share of . — 1. If a fails to provide by will for his who married the testator after the , the omitted spouse shall receive the same share of the he would have received if the left no will, unless it appears from the will that the was intentional or that the testator provided for the spouse by outside the will, and the intent that the transfer be a is shown by statements of the testator, the amount of the transfer or other evidence.
2. In satisfying a share provided by this section, the devises made by the will as provided in section 473.620.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81 (1984) Surviving spouse was testator's sister-in-law at time will was executed and was provided for only as member of class including in-laws. Was held to be an omitted spouse. Estate of Groeper v. Groeper (Mo.App.E.D.) 665 S.W.2d 367.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.