Husband left everything to his sister in his will. What are my rights as spouse in Missouri?

Full question:

My husband died of cancer in Missouri. My husband had made a will prior to our marriage which left all his assets to his sister. My husband wanted to alter his will but he could not do so due to his sudden illness.At present, I live with our two kids in our family home and am worried about the future of our kids. I wish to challenge the will. Per the law prevailing in Missouri, how much share of the deceased husband’s estate is his widow entitled to claim?

• Category: Wills and Estates
• Subcategory: Spouses
• Date: 04/07/2025
• State: Missouri

Answer:

In cases where a husband dies leaving behind a will, the surviving wife is entitled to receive 1/2 of the estate if the deceased husband left no living descendants (children). If the deceased husband left descendants, the spouse is entitled to receive 1/3 of the estate. The relevant statutory provision in this regard is stated below.
 
§ 474.160 R.S.Mo.reads:
 

“1. When a married person dies testate as to any part of his estate, a right of election is given to the surviving spouse solely under the limitations and conditions herein stated:
The surviving spouse, upon election to take against the will, shall receive in addition to exempt property and the allowance under section 474.260 one-half of the estate, subject to the payment of claims, if there are no lineal descendants of the testator; or, if there are lineal descendants of the testator, the surviving spouse shall receive one-third of the estate subject to the payment of claims.” 

In the given instance, you may elect against the will, and on doing so, you may be entitled to receive one-third of the estate.