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 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.
Related Missouri laws
Effect of failure to elect to take against will
RSMo 474.230
Share of omitted children, how determined
RSMo 474.240
Waiver of right to elect
RSMo 474.220
Exempt property of surviving spouse or minor children
RSMo 474.250
One year support allowance, property in lieu thereof
RSMo 474.260
Exempt property applied for, when
RSMo 474.270
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.