Can I disinherit my spouse or child in Missouri?

1. Spousal Disinheritance. Missouri is a separate-property state. Under Mo. Rev. Stat. § 474.160, the surviving spouse may elect to take against the will and receive one-half of the estate subject to debts if no lineal descendants survive, or one-third if any lineal descendant survives.

2. Augmented Estate. Missouri has not adopted the UPC augmented-estate concept; the elective share applies to the probate estate, although case law allows certain non-probate transfers to be challenged as in fraud of marital rights.

3. Elective Share Procedure. The election must be filed within ten days after the expiration of the time for contesting the will (typically six months from the date letters are issued, so effectively six months and ten days), under Mo. Rev. Stat. § 474.180.

4. Pretermitted Child. Under Mo. Rev. Stat. § 474.240, a child born or adopted after the will and not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Missouri.

7. Prenuptial / Postnuptial Waiver. Missouri enforces premarital agreements under Mo. Rev. Stat. § 474.220 and McMullin v. Borgers, 806 S.W.2d 724 (Mo. App. 1991), requiring voluntary signing and adequate disclosure.

8. Homestead, Family Allowance, Exempt Property. Surviving spouse's exempt property under Mo. Rev. Stat. § 474.250, family allowance under § 474.260, and homestead allowance up to $15,000 under § 474.290, all in addition to elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed in circuit court within six months of probate under Mo. Rev. Stat. § 473.083.

This is legal information, not legal advice.