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 right, if the thing or the promise given to the waiving party is a fair consideration under all the circumstances. This written contract, agreement or waiver may be filed in the same manner as hereinbefore provided for the filing of an election.
Notes of Decisions
Cited in
17
cases, 1969–2011 · leading case:
Est. of Murphy, 661 S.W.2d 657 (Mo. Ct. App. 1983).
Est. of Murphy, 661 S.W.2d 657 (Mo. Ct. App. 1983).
· cites it 29× “See § 474.220, RSMo 1978. See also, § 451.220-.”
Est. of Youngblood v. Youngblood, 457 S.W.2d 750 (Mo. 1970).
· cites it 15× “The sole question tendered is whether or not the antenuptial contract is valid and effective under the provisions of § 474.220, RSMo 1959. At the time of their marriage on October 10, 1966, George and Lodusca Youngblood were about 68 years old.”
In Re the Est. of Tegeler v. Est. of Tegeler, 688 S.W.2d 794 (Mo. Ct. App. 1985).
· cites it 6× “Wife does not deny that a disclosure of assets was made, but contends full disclosure did not occur in accord with § 474.220 RSMo 1978. Section 474.220 provides as follows: Waiver of a right to elect — The right of election of a surviving spouse herein-before given may be waived…”
Roberts v. Est. of Roberts, 664 S.W.2d 634 (Mo. Ct. App. 1984).
· cites it 4× “§ 474.220, RSMo 1978. A hearing was held in the Probate Division of the Circuit Court of Randolph County on July 7,1983.”
In Re Est. of Pittsenbarger, 136 S.W.3d 558 (Mo. Ct. App. 2004).
· cites it 4× “In Points I and II, she claims that the probate court erred in finding that her waiver of election was valid and enforceable, because the evidence did not support the findings required by § 474.220 to effectuate a valid waiver, that: (1) it was made after full disclosure of the…”
McDonald v. McDonald, 814 S.W.2d 939 (Mo. Ct. App. 1991).
· cites it 3× “” That finding is supported by the evidence and, as hereafter developed, establishes that the conveyances to the trust were not in fraud of Betty’s marital rights within the meaning of § 474.150. Betty’s first point has no merit.”
Brown v. Gillespie, 955 S.W.2d 940 (Mo. Ct. App. 1997).
· cites it 3× “His argument is premised on the conclusion that the requirements of § 474.220 must be met in order for the Kansas spousal consent to be effective.”
Arcadia Valley Bank v. Black, 598 S.W.2d 528 (Mo. Ct. App. 1980).
· cites it 2× “Therefore the statute authorizing the “SO-SO” contract is § 474.220, RSMo 1978. In re Adelman’s Estate, supra, 377 S.”
White v. Est. of White, 718 S.W.2d 185 (Mo. Ct. App. 1986).
· cites it 5× “The statute relevant here is § 474.220, RSMo 1978. It states: Waiver of right to elect.”
Est. of Hosmer v. Hosmer, 611 S.W.2d 32 (Mo. Ct. App. 1980).
“Its counterpart with respect to testate decedents is § 474.220, which also embraces antenuptial and postnuptial agreements.”
Reinsmidt v. Reinsmidt, 897 S.W.2d 73 (Mo. Ct. App. 1995).
· cites it 2× “Pursuant to RSMo § 474.220 (1986), a surviving spouse may waive his or her right of election to take against the deceased spouse’s estate by means of a written contract, agreement, or waiver entered into before or after the marriage.”
Est. of Dugger v. Dugger, 110 S.W.3d 423 (Mo. Ct. App. 2003).
““Its counterpart with respect to testate decedents is § 474.220, which also embraces antenuptial and postnuptial agreements.”
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.