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Is a surviving spouse entitled to property if excluded from the will?

Is a surviving spouse entitled to property if excluded from the will?

Full question:

My friend's husband passed away recently. He left nothing to her in his will. He bequeathed all his properties to his son and daughter. Is she entitled to any of her husband's property?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: Missouri

Answer:

Yes, in Missouri, a surviving spouse can elect to take against the will, which allows them to receive a portion of the estate. If the deceased left children, the spouse is entitled to one-third of the estate, subject to claims. Additionally, the spouse will receive exempt property and a one-year support allowance.

Non-probate assets, such as trusts, insurance, retirement plans, and jointly held property, are included when calculating this share. The spouse must file the election within ten days after the time for contesting the will expires or within ninety days after the final determination of any related litigation.

Relevant law includes Mo. Ann. Stat. § 474.160, which outlines the rights of a surviving spouse to elect against a will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does a wife need to do when her husband dies?

When a husband dies, a wife should first obtain a copy of the death certificate. She may need to notify relevant institutions, such as banks and insurance companies, and begin the process of settling the estate. If there is a will, she should review it to understand her rights. In Missouri, she can elect to take against the will if excluded, which may allow her to claim a portion of the estate. Consulting with an attorney can provide guidance on the necessary steps and legal options available.

What are the rights of a wife when the husband dies?

In Missouri, a wife has the right to elect against her husband's will if she is excluded. This allows her to receive a portion of the estate, typically one-third if there are children. She is also entitled to exempt property and a support allowance. Additionally, she may have rights to non-probate assets, such as jointly owned property and insurance policies. It is advisable for her to consult with an attorney to fully understand her rights.

What paperwork needs to be done when a spouse dies?

When a spouse dies, important paperwork includes obtaining a death certificate and notifying financial institutions and insurance companies. If there is a will, it should be filed with the probate court. The surviving spouse may also need to prepare an election to take against the will if excluded. Other documents may involve claims for exempt property and support allowances. Consulting an attorney can help ensure all necessary paperwork is completed correctly.

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed, inheritance depends on the deceased's will and state laws. In Missouri, if there is no will, the house may go to the deceased's children or other relatives. However, the surviving spouse may still have rights to a portion of the estate, including the house, through an election to take against the will. It's important to consult with an attorney to clarify inheritance rights in such situations.

What is it called when a person dies without leaving a will?

When a person dies without leaving a will, it is called dying 'intestate.' In Missouri, intestate succession laws determine how the deceased's property is distributed among surviving relatives, such as a spouse and children. The surviving spouse typically receives a significant portion of the estate, but the distribution can vary based on family structure. Consulting with an attorney can provide clarity on the intestate process and rights.

Does a widow get her husband's inheritance?

In Missouri, a widow has rights to her husband's inheritance, especially if he died intestate or excluded her from the will. She can elect to take against the will, allowing her to claim a portion of the estate. If there are children, she is entitled to one-third of the estate, along with exempt property and a support allowance. It's advisable for a widow to consult with an attorney to understand her specific rights and options.

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How will my husband's property be divided after his death without a will?

How will my husband's property be divided after his death?

How will my husband's property be divided without a will?