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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 01 Jan 1981, see footnote bottom

  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, unless it appears from the will that the omission was intentional or that the testator provided for the spouse by transfer outside the will, and the intent that the transfer be in lieu of a testamentary provision 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 abate as provided in section 473.620.

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(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.


---- end of effective   01 Jan 1981 ----

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