474.120. Inheritance and statutory rights deemed waived, when. — The rights of inheritance or any other statutory rights of a surviving spouse of a decedent who dies intestate shall be deemed to have been waived if prior to, or after, the marriage such intended spouse or spouse by a written contract did agree to waive such rights, after full disclosure of the nature and extent thereof, including the nature and extent of all property interests of the parties, and if the thing or promise given to the waiving party is a fair consideration under all the circumstances.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1958–2023 · leading case:
Est. of Dugger v. Dugger, 110 S.W.3d 423 (Mo. Ct. App. 2003).
Est. of Dugger v. Dugger, 110 S.W.3d 423 (Mo. Ct. App. 2003).
· cites it 22× “Central to this appeal are issues involving: (a) the validity of a Beneficiary Deed executed by Russel Dugger, deceased, and his wife, Respondent Dorothy Dugger; and (b) whether, by executing certain purported “estate planning” documents together with the Beneficiary Deed,…”
Est. of Hosmer v. Hosmer, 611 S.W.2d 32 (Mo. Ct. App. 1980).
· cites it 6× “or to their marriage, Hos-mer and Madalyne executed an antenuptial contract which was “supported by valuable consideration given by the decedent to the said Madalyne, [was] signed by said Mada-lyne, after a full disclosure of the nature and extent of the right which she was…”
Taylor v. Taylor, 47 S.W.3d 377 (Mo. Ct. App. 2001).
· cites it 2× “The most common example, we observe, is in the case of ante-nuptial agreements whose enforcement in the probate context is governed by § 474.120, RSMo. In the context of renunciations of rights after the decedent’s death (assuming which, though we do not decide) principles…”
Est. of Murphy, 661 S.W.2d 657 (Mo. Ct. App. 1983).
· cites it 4× “220 exclusively applies when there is a will and § 474.120, RSMo 1978, applies to intestate estates.”
Est. of Youngblood v. Youngblood, 457 S.W.2d 750 (Mo. 1970).
· cites it 3× “” Reciting further that “the parties intend this agreement to be in full discharge of all rights of inheritance and all other statutory rights under the statutes as they now exist or as they may be amended pursuant to the provisions of Section 474.120 and Section 474.220,…”
White v. Est. of White, 718 S.W.2d 185 (Mo. Ct. App. 1986).
· cites it 6× “Section 474.120, RSMo 1978, states: Inheritance and statutory rights deemed waived, when.”
Bakewell v. Breitenstein, 396 S.W.3d 406 (Mo. Ct. App. 2013).
· cites it 2× “Bake-well’s subsequent conveyances via the Deed of Trust and the Deed were void because he had never waived his inheritance and statutory rights as a surviving spouse in the manner required by section 474.120. 6 Breitenstein counterclaimed seeking a declaration that the Deferred…”
First Nat'l Bank of Kansas City v. Jacques, 470 S.W.2d 557 (Mo. 1971).
· cites it 4× “d, which was the time the agreement became operative in the respects now in issue, the public policy of this State, by reason of the “future law” referred to in the agreement, did not result in the agreement being inoperative to constitute a waiver of her “rights of inheritance”…”
In Re Est. of Arbeitman, 886 S.W.2d 644 (Mo. Ct. App. 1994).
· cites it 2× “These statutory allowances are deemed waived if "prior to, or after, the marriage, such intended spouse or spouse by a written contract did agree to waive such rights, after full disclosure of the nature and extent thereof, including the nature and extent of all property…”
Bakewell v. Breitenstein, 363 S.W.3d 353 (Mo. Ct. App. 2012).
· cites it 2× “Bake-well claimed with respect to Counts II and III that the respective conveyances of the Deed of Trust and of title to the Property into the Trust were void because his inheritance and statutory rights as a surviving spouse pursuant to section 474.120 were not waived or…”
Ussher v. Mercantile Trust Co., 328 S.W.2d 699 (Mo. 1959).
· cites it 2× “Section 474.120 authorizes ante-nuptial contracts making provision for the support of an intended spouse for life in discharge of the intended spouse’s rights of inheritance and other statutory rights in the estate of the other.”
Marriage of Gould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991).
“Thus, the Hosmer court examined the antenuptial agreement to determine whether it complied with § 474.120 for waiver of inheritance and statutory rights.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.