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 § 474.235, RSMo an “omitted spouse” is granted the right to…
Legal Articles
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…