Spouse has to get at least 50% ?

[flaxseed]

What is the name of your state (only U.S. law)? Missouri

Hi everyone,

My Mom claims that when she made her last will, she "did the best she could" for her 3 kids, by leaving 50% of her house to her 3 kids and 50% to her current husband (step-father to all 3 kids). She bought the house long before she married her current husband. Is it true that by law, she has to leave her husband at least 50% of her house, or could she possibly change her will so just her 3 kids get the whole house ?

 

[anteater]

Well, kinda...

It is called taking against the will. It's meant to prevent the complete involuntary disinheritance of a surviving spouse. You can read the statute at:

http://www.moga.mo.gov/statutes/C400-499/4740000160.HTM

 

[flaxseed]

Ok, thanks. Kind of hard to understand, but I'll show my brother that link and see if he understands it better than me.

 

[anteater]

One thing to keep in mind is that this is an election that the surviving spouse can make. You will note that there is no mention that a will must include a certain percentage going to the surviving spouse. Your mother can create her will so that it leaves nothing to her surviving spouse. However, the surviving spouse has the right to petition the probate court to award the share of the probate estate mentioned in the statute. In other words, it requires the surviving spouse to take action.

The second thing to keep in mind is that, in practice, it is more difficult than it sounds to calculate exactly what an electing surviving spouse is entitled to.

 

[flaxseed]

Thanks again.

What would most likely happen, if my Mom dies first, is that my step-father would go right into a nursing home. I know the nursing home is going to get whatever they can.