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.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1984–2021 · leading case:
In Re Est. of Ferguson, 130 S.W.3d 656 (Mo. Ct. App. 2004).
In Re Est. of Ferguson, 130 S.W.3d 656 (Mo. Ct. App. 2004).
· cites it 23× “The appellants, the adult children of the decedent, John Henry Ferguson, appeal the probate court’s judgment finding that Ruth Hensler-Ferguson, the decedent’s spouse at the time of his death, is an omitted spouse within the meaning of section 474.235 RSMo. (1994), 1 and thus is…”
Dillon v. Honse, 694 S.W.2d 505 (Mo. Ct. App. 1985).
· cites it 18× “Appellants’ first contention is that the trial court erred in excluding evidence as to statements made by the testator “regarding his intentions as to how his estate would pass to his brothers and sisters and to his wife, because said evidence was not hearsay and was relevant…”
Est. of Groeper v. Groeper, 665 S.W.2d 367 (Mo. Ct. App. 1984).
· cites it 9× “The issue here is a legal one and concerns the rights of a surviving spouse in the estate of the decedent spouse whose will was executed prior to their marriage, and requires a construction and interpretation of Missouri’s Omitted Spouse Statute § 474.235 RSMo 1978 (Supp.1982).…”
Wilkinson v. Brune, 682 S.W.2d 107 (Mo. Ct. App. 1984).
· cites it 6× “Bruñe notes that the omitted spouse statute, § 474.235 RSMo. Supp.1983, expressly provides that the abatement rules of § 473.”
Est. of Dennis, 714 S.W.2d 661 (Mo. Ct. App. 1986).
· cites it 5× “The wife further argues that § 474.235, RSMo Supp. 1984: 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…”
Pulley v. Short, 261 S.W.3d 701 (Mo. Ct. App. 2008).
· cites it 8× “The trial court concluded that Pulley was a pretermitted spouse, pursuant to Section 474.235 2 and awarded him an intestate share of Lois’s estate-speeifically one half of all property in the probate estate.”
Patricia C. Berezo v. Lalo Berezo, 628 S.W.3d 737 (Mo. Ct. App. 2021).
· cites it 6× “The trial court further found section 474.235 limits its reach to spouses omitted from the decedent’s will and does not entitle omitted spouses to invade a trust.”
Cassidy v. Cassidy, 356 S.W.3d 339 (Mo. Ct. App. 2011).
· cites it 3× “Pursuant to § 474.235, an omitted spouse is granted the statutory right to receive the same share of the estate that he or she would have received if the decedent had left no will.”
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