Effective – 28 Aug 1957 474.160. Election by surviving spouse to take against will, effect. — 1. When a married person dies testate as to any part of his estate, a right of election is given to the surviving spouse solely under the limitations and conditions herein stated: (1) The surviving spouse, upon election to […]
Effective – 01 Jan 1981 474.163. Valuation of estate, how determined. — 1. For the purposes of section 474.160, the estate consists of all money and property owned by the decedent at his death, reduced by funeral and administration expenses, exempt property, family allowance and enforceable claims, and increased by the aggregate value of all […]
Effective – 28 Aug 1983 474.170. Notice of right to elect. — The clerk of the court, after the will of a married person is admitted to probate, shall, within one month thereafter, mail by ordinary mail a written notice, directed to the testator’s surviving spouse at his last known residence address, informing him that […]
Effective – 28 Aug 1957 474.180. Time for making of election. — The election by a surviving spouse to take the share herein provided may be made at any time within ten days after the expiration of the time limited for contesting the will of decedent, except that if, at the expiration of the period […]
Effective – 28 Aug 1983 474.190. Form of election, filing. — The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian ad litem or conservator of his estate and shall be filed in the office of the clerk of the court. It […]
Effective – 28 Aug 1983 474.200. Right of election personal to surviving spouse. — The right of election of the surviving spouse is personal to him. It is not transferable and cannot be exercised after his death; but if the surviving spouse is disabled or a minor, his guardian ad litem or conservator may elect […]
Effective – 28 Aug 1955 474.220. Waiver of right to elect. — The right of election of a surviving spouse hereinbefore given may be waived before or after marriage by a written contract, agreement or waiver signed by the party waiving the right of election, after full disclosure of the nature and extent of the […]
Effective – 28 Aug 1955 474.230. Effect of failure to elect to take against will. — When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with the provisions of […]
Effective – 01 Jan 1981 474.235. Share of omitted spouse. — 1. If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will, […]
Effective – 01 Jan 1981 474.240. Share of omitted children, how determined. — 1. If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have […]
