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Omitted Spouse, Non-probate Transfer

Part of the reason that probate litigation is complex is because there are procedural and substantive differences in how will, trust, joint ownership and non-probate transfer disputes are handled — even though these devices are often used by individuals interchangeably. With wills, pursuant to ยง 474.235, RSMo an “omitted spouse” is granted the right to […]

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Wills, Trusts: Omitted Spouse, Child(ren)

Missouri probate law is old-fashioned in many ways. A great example of this is the omitted child(ren) and omitted spouse rule codified in RSMo, 474.235-240. The ideological underpinning of the laws are that families are inherently close and tight-knit. It would be inconceivable, then, that a family member — particularly a parent — would disinherit […]

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