Effect of death of spouse or child or marriage of minor on family and homestead allowances
When a surviving spouse dies within the first year after the other spouse's death, that surviving spouse (or their estate) can still get the maintenance money they were owed. If an unmarried minor child dies, gets married, or turns 18, no more maintenance money is given for time after that event. If the surviving spouse dies before getting the homestead allowance, that money can go to any unmarried minor children instead. If a minor child dies, marries, or turns 18 before the homestead allowance is officially approved, the child loses the right to it — but if those things happen after it was approved, the child (or their estate) still gets paid.
474.300. Effect of death of spouse or child or marriage of on family and s. — Death of a within the one year period for which the allowance is provided under section 474.260, for his , shall not affect the right of the surviving spouse to the allowance or the ordering thereof by the court. If an unmarried minor child dies, marries or comes of age, no allowance shall be made under section 474.260 for his maintenance for any period after such death, marriage or . When a surviving spouse dies without having received the homestead allowance, it may be paid or may be allowed to the unmarried . If an unmarried minor child entitled to homestead allowance dies, marries or comes of age before his homestead allowance has been made, and within the time for applying for it, he shall not be entitled to the allowance, but if he dies, marries or comes of age after it has been allowed but before it was paid, he shall be entitled to it.
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Source & history notes
(L. 1955 p. 385 § 138A, A.L. 1965 p. 637) (1960) Where surviving spouse died without applying for homestead allowance, her estate was not entitled to such allowance although its application was timely made. Schubel v. Bonacker (Mo.), 331 S.W.2d 552.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.