474.140. Inheritance and statutory rights barred on misconduct of spouse. — If any married person voluntarily leaves his or her spouse and goes away and continues with an adulterer or abandons his or her spouse without reasonable cause and continues to live separate and apart from his or her spouse for one whole year next preceding his or her death, or dwells with another in a state of adultery continuously, such spouse is forever barred from his or her inheritance rights, homestead allowance, exempt property or any statutory allowances from the estate of his or her spouse unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or her.
Notes of Decisions
Cited in
14
cases, 1963–2019 · leading case:
Est. of Heil v. Heil, 538 S.W.3d 382 (Mo. Ct. App. 2018).
Est. of Heil v. Heil, 538 S.W.3d 382 (Mo. Ct. App. 2018).
· cites it 46× “160 election to take her spousal share against Decedent's will because section 474.140 requires martial misconduct in order to disqualify a spouse from taking the election, and the trial court found no misconduct.”
In Re Est. of Laspy, 409 S.W.2d 725 (Mo. Ct. App. 1966).
· cites it 8× “260 as re-enacted in 1957, without specific inclusion therein; and, that since the probate code by Section 474.140 RSMo 1959, V.A.M.S., does in fact make certain exclusions whereby a spouse forfeits inheritance and statutory rights by reason of misconduct, [1] but provides no…”
Thomas v. Siddiqui, 869 S.W.2d 740 (Mo. 1994).
· cites it 6× “Section 474.140 RSMo 1986. This Court now abolishes the tort of criminal conversation in Missouri and reverses the judgment as to criminal conversation.”
Meyer v. Meyer, 21 S.W.3d 886 (Mo. Ct. App. 2000).
· cites it 11× “In this action, Brothers sought to bar Widow’s statutory claims against Decedent’s estate by application of Section 474.140 RSMo 1994. 3 Brothers’ petition stated, in pertinent part, as follows: *889 8.”
Heil v. Shriners' Hosp. for Crippled Child., 365 S.W.2d 736 (Mo. Ct. App. 1963).
· cites it 18× “Section 474.140 provides that “If any married person voluntarily * * * abandons his spouse without reasonable cause and continues to live separate and apart from his spouse for one whole year next preceding his death * * * such spouse is forever barred from his inheritance…”
In re Jellech, 854 S.W.2d 828 (Mo. Ct. App. 1993).
· cites it 12× “*830 The trial court denied petitioner’s claims for homestead and exempt property allowances on the basis that they were barred by § 474.140, RSMo (1986). The court held: “[Pjetitioner as the result of his intolerable conduct toward decedent abandoned her without reasonable…”
In Re Est. of Blair, 317 S.W.3d 84 (Mo. Ct. App. 2010).
· cites it 2× “With respect to Sharon’s statutory claims, the court found these were barred by § 474.140 RSMo Cum.Supp. (2007) because Sharon had been voluntarily sepa *88 rated from Ronald and living in a continuous state of adultery with another man for two and one-half years prior to…”
Est. of Harris, 529 S.W.3d 31 (Mo. Ct. App. 2017).
· cites it 2× “On August 25, 2016, the probate division held an evidentiary hearing to receive evidence concerning whether Appellant’s inheritance rights were barred by section 474.140. Decedent’s children and Sister (collectively “Respondents”) alleged that Appellant abandoned Decedent by…”
Deloch v. Hughes, 896 S.W.2d 668 (Mo. Ct. App. 1995).
· cites it 2× “The trial court considers Section 474.140 of the Revised Statutes of Missouri regarding the statutory rights of appellant Marvell Deloch as surviving spouse and improperly discusses the alleged misconduct of the appellant, and conclude that irrespective of all evidence of…”
Warner v. Warner, 658 S.W.2d 81 (Mo. Ct. App. 1983).
· cites it 2× “” This testamentary charge merely accentuates the inadequacy of the allegations of the petition.”
In Re the Est. of Hill, 435 S.W.2d 722 (Mo. Ct. App. 1968).
“Hill was barred from all inheritance and statutory rights for having abandoned her husband one whole year next preceding his death (§ 474.140). In the probate court “Dorothy Jo Hill, Administratrix of the above estate and *724 surviving spouse of the above named deceased,” filed…”
McCallop v. Laspy, 409 S.W.2d 725 (Mo. Ct. App. 1966).
· cites it 8× “260 as re-enacted in 1957, without specific inclusion therein; and, that since the probate code by Section 474.140 RSMo 1959, V.A.M.S., does in fact make certain exclusions whereby a spouse forfeits inheritance and statutory rights by reason of misconduct, 1 but provides no…”
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