reglab/housing_qa huggingface dataset:
MO Rev Stat § 474.020 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.020 - Lineals take per capita and per stirpes, when.

Effective - 28 Aug 1955   474.020. Lineals take per capita and per stirpes, when. — When several lineal descendants, all of equal degree of consanguinity to the intestate, or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any ancestor living and their children, come into partition, they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the issue of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the deceased parent. ­­-------- (RSMo 1939 § 310, A.L. 1955 p. 385 § 237)  Prior revisions: 1929 § 310; 1919 § 307; 1909 § 336
MO Rev Stat § 474.030 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.030 - Partial intestacy.

Effective - 28 Aug 1955   474.030. Partial intestacy. — If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. ­­-------- (L. 1955 p. 385 § 238)
MO Rev Stat § 474.040 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.040 - Collaterals of half blood inherit, how.

Effective - 28 Aug 1955   474.040. Collaterals of half blood inherit, how. — When the inheritance is directed to pass to the ascending and collateral kindred of the intestate, if part of the collaterals is of the whole blood of the intestate, and the other part of the half blood only, those of the half blood shall inherit only half as much as those of the whole blood; but if all collaterals are of the half blood, they shall have whole portions, only giving to the ascendants double portions. ­­-------- (RSMo 1939 § 309, A.L. 1955 p. 385 § 239)  Prior revisions: 1929 § 309; 1919 § 306; 1909 § 335  (1956) Descendant of child who was adopted by mother of deceased after her divorce from father of deceased held entitled to inherit from deceased as nephew of half blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
MO Rev Stat § 474.050 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.050 - Posthumous children to inherit.

Effective - 28 Aug 1955   474.050. Posthumous children to inherit. — All posthumous children, or descendants, of the intestate shall inherit in like manner, as if born in the lifetime of the intestate; but no right of inheritance accrues to any person other than the children or descendants of the intestate, unless they are born and capable in law to take as heirs at the time of the intestate's death. ­­-------- (RSMo 1939 § 307, A.L. 1955 p. 385 § 240)  Prior revisions: 1929 § 307; 1919 § 304; 1909 § 333
MO Rev Stat § 474.060 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.060 - Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined.

Effective - 10 Jun 1981, 2 histories   474.060. Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined. — 1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.  2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:  (1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;  (2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child. ­­-------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81  (1985) Provisions of section are applicable for purposes of determining paternity in applications for Social Security survivor's benefits under 42 U.S.C. § 416(h)(2)(A). Greer by Greer v. Heckler (8th Cir.), 756 F.2d 794.
MO Rev Stat § 474.070 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.070 - Legitimation by marriage.

Effective - 28 Aug 1955   474.070. Legitimation by marriage. — If a man, having by a woman a child or children, afterward intermarries with her and recognizes the child or children to be his, they are thereby legitimated. ­­-------- (RSMo 1939 § 315, A.L. 1955 p. 385 § 242)  Prior revisions: 1929 § 315; 1919 § 312; 1909 § 341  (1967) This statute applies not only to a child born out of wedlock, but also to a child born in wedlock, but sired by a man who was not the mother's husband. The three essential elements of legitimation under this section are actual paternity, intermarriage and recognition. Simpson v. Blackburn (A.), 414 S.W.2d 795.
MO Rev Stat § 474.080 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.080 - Issue of void or dissolved marriage, legitimate.

Effective - 28 Aug 1955   474.080. Issue of void or dissolved marriage, legitimate. — The issue of all marriages deemed null in law, or dissolved by divorce, are legitimate. ­­-------- (RSMo 1939 § 316, A.L. 1955 p. 385 § 243)  Prior revisions: 1929 § 316; 1919 § 313; 1909 § 342
MO Rev Stat § 474.090 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.090 - Advancements counted against share, when — evaluation.

Effective - 01 Jan 1981   474.090. Advancements counted against share, when — evaluation. — If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property, or as of the time of death of the decedent, whichever occurs first. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise. ­­-------- (L. 1955 p. 385 § 244, A.L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.100 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.100 - Alienage no bar to descent.

Effective - 28 Aug 1955   474.100. Alienage no bar to descent. — In making title by descent, it is no bar to a demandant that any ancestor through whom he derives his descent from the intestate is or has been an alien. ­­-------- (RSMo 1939 § 313, A.L. 1955 p. 385 § 245)  Prior revisions: 1929 § 313; 1919 § 310; 1909 § 339  CROSS REFERENCE:  Alien may acquire real estate by descent or devise, 442.560
MO Rev Stat § 474.110 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.110 - Curtesy and dower abolished.

Effective - 28 Aug 1955   474.110. Curtesy and dower abolished. — The estates of curtesy and dower are hereby abolished, but any such estate now vested is not affected by this code. ­­-------- (L. 1955 p. 385 § 246)
MO Rev Stat § 474.120 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.120 - Inheritance and statutory rights deemed waived, when.

Effective - 28 Aug 1963   474.120. Inheritance and statutory rights deemed waived, when. — The rights of inheritance or any other statutory rights of a surviving spouse of a decedent who dies intestate shall be deemed to have been waived if prior to, or after, the marriage such intended spouse or spouse by a written contract did agree to waive such rights, after full disclosure of the nature and extent thereof, including the nature and extent of all property interests of the parties, and if the thing or promise given to the waiving party is a fair consideration under all the circumstances. ­­-------- (RSMo 1939 § 334, A.L. 1955 p. 385 § 247, A.L. 1963 p. 655)  Prior revisions: 1929 § 334; 1919 § 330; 1909 § 362  (1964) Where husband and wife had entered antenuptial contract by which each agreed not to share in the other's estate and waived all interest or claims of every kind and nature and all marital, statutory, and dower rights and allowances as surviving spouse, widower was barred from claiming homestead and family support allowance as well as other participation in wife's estate, except as authorized by the contract. In re Adelman's Estate (A.), 377 S.W.2d 549. (1968) Anticipatory, preparatory, collateral, and ancillary acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an exception to the provisions of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may enforce the contract, even though the acts are not, strictly speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d 269.
MO Rev Stat § 474.130 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.130 - Estate conveyed determines on failure of contractual bar.

Effective - 28 Aug 1955   474.130. Estate conveyed determines on failure of contractual bar. — When any deed, conveyance, assurance, agreement or contract in lieu of the inheritance or other statutory rights of a spouse, through any default, fails to be a legal bar to such rights and the surviving spouse demands his inheritance and statutory rights, then the estate and interest so conveyed to the surviving spouse ceases and determines. ­­-------- (RSMo 1939 § 336, A.L. 1955 p. 385 § 249)  Prior revisions: 1929 § 336; 1919 § 332; 1909 § 364
MO Rev Stat § 474.140 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.140 - Inheritance and statutory rights barred on misconduct of spouse.

Effective - 28 Aug 2001   474.140. Inheritance and statutory rights barred on misconduct of spouse. — If any married person voluntarily leaves his or her spouse and goes away and continues with an adulterer or abandons his or her spouse without reasonable cause and continues to live separate and apart from his or her spouse for one whole year next preceding his or her death, or dwells with another in a state of adultery continuously, such spouse is forever barred from his or her inheritance rights, homestead allowance, exempt property or any statutory allowances from the estate of his or her spouse unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or her. ­­-------- (RSMo 1939 § 337, A.L. 1955 p. 385 § 250, A.L. 2001 H.B. 537)  Prior revisions: 1929 § 337; 1919 § 333; 1909 § 365  (1963) Wife was barred from statutory rights and allowances in deceased husband's estate on the ground that she had abandoned him for more than one year, and husband's filing of cross petition in wife's divorce action which was not concluded before husband's death held not to constitute acquiescence in such abandonment. Heil v. Shriner's Hospital for Crippled Children (A.), 365 S.W.2d 736. (1967) A claimant may qualify as a "widow" within the purview of this section only if she has been reduced to that condition by the ordinary and usual vicissitudes of life and not by a felonious act committed by her which created that condition. In re Estate of Laspy (A.), 409 S.W.2d 725.
MO Rev Stat § 474.150 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.150 - Gifts in fraud of marital rights — presumptions on conveyances.

Effective - 28 Aug 2018, 2 histories   474.150. Gifts in fraud of marital rights — presumptions on conveyances. — 1. Any gift made by a married person, whether dying testate or intestate, in fraud of the marital rights of the surviving spouse to whom the decedent was married at the time of such gift and who may share in the decedent's estate, shall, at the election of such surviving spouse, be treated as a testamentary disposition and may be recovered from the donee and persons taking from the decedent without adequate consideration and applied to the payment of the spouse's share, as in case of his or her election to take against the will.  2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of such spouse, made at any time, duly acknowledged, is deemed to be in fraud of the marital rights of such spouse, if the spouse becomes a surviving spouse, unless the contrary is shown.  3. Any conveyance of the property of the spouse of a disabled person is deemed not to be in fraud of the marital rights of the disabled person if the probate division of the circuit court authorizes the conservator of the disabled person to join in or assent to the conveyance after finding that it is not made in fraud of the marital rights. Any conveyance of the property of a minor or disabled person made by a conservator pursuant to an order of court is deemed not to be in fraud of the marital rights of the spouse of the protectee. ­­-------- (L. 1955 p. 385 § 251, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 2018 H.B. 1250)  CROSS REFERENCE:  Conveyance of estate by entireties by guardian of minor or incompetent, 442.035
MO Rev Stat § 474.155 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.155 - Contract to make will or devise, revoke or not revoke will or devise, or to die intestate, how established.

Effective - 01 Jan 1981   474.155. Contract to make will or devise, revoke or not revoke will or devise, or to die intestate, how established. — A contract to make a will or devise, to revoke or not to revoke a will or devise, or to die intestate, if executed after January 1, 1981, can be established only by  (1) Provisions of a will stating material provisions of the contract;  (2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or  (3) A writing signed by the decedent evidencing the contract. ­­The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. ­­-------- (L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.160 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.160 - Election by surviving spouse to take against will, effect.

Effective - 28 Aug 1957   474.160. Election by surviving spouse to take against will, effect. — 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:  (1) 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;  (2) When a surviving spouse elects to take against the will he shall be deemed to take by descent, as a modified share, such part of the estate as comes to him under the provisions of this section, and shall take nothing under the will;  (3) Whenever there is an effective election to take against a will which provides for benefits to accrue upon the death of the surviving spouse, the election has the same effect as to the benefits as if the surviving spouse had predeceased the testator, unless the will otherwise provides.  2. The rights of the surviving spouse under this section are not given in lieu of the homestead allowance under section 474.290, but any homestead allowance made to the surviving spouse shall be offset against the share taken under this section. ­­-------- (L. 1955 p. 385 § 252, A.L. 1957 p. 829)  (1984) In determining how the surviving spouse's election to take against the will affects the distribution of the rest of the estate when the testator has not specified what is to happen, the court held that the legislature did not intend for the abatement statute to apply to an election to take against the will. Wilkinson v. Brune (Mo.App.E.D.), 682 S.W.2d 107.
MO Rev Stat § 474.170 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.170 - Notice of right to elect.

Effective - 28 Aug 1983   474.170. Notice of right to elect. — The clerk of the court, after the will of a married person is admitted to probate, shall, within one month thereafter, mail by ordinary mail a written notice, directed to the testator's surviving spouse at his last known residence address, informing him that a written election must be filed by or on behalf of the surviving spouse in order to take against the will, within ten days after the expiration of the time limited for contesting the will of the decedent, unless the time is extended pursuant to law. Failure of the clerk to mail or of any surviving spouse to receive the notice herein required does not affect the time for making an election as prescribed by section 474.180. If the court is informed that a surviving spouse has been adjudicated a disabled or incapacitated person but has no guardian or conservator the notice need not be given but the court may appoint a guardian ad litem to make the election. ­­-------- (L. 1955 p. 385 § 253, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
MO Rev Stat § 474.180 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.180 - Time for making of election.

Effective - 28 Aug 1957   474.180. Time for making of election. — The election by a surviving spouse to take the share herein provided may be made at any time within ten days after the expiration of the time limited for contesting the will of decedent, except that if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will, or to determine the existence of issue surviving the decedent, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of ninety days after the final determination of the litigation. ­­-------- (L. 1955 p. 385 § 254, A.L. 1957 p. 829)
MO Rev Stat § 474.190 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.190 - Form of election, filing.

Effective - 28 Aug 1983   474.190. Form of election, filing. — The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian ad litem or conservator of his estate and shall be filed in the office of the clerk of the court. It may be in the following form:   I, A. B., surviving wife (or husband) of C. D., late of the county of ______ and state of ______ do hereby elect to take my legal share in the estate of the said C. D., and do hereby renounce all provisions in the will of the said C. D. inconsistent herewith.   Signed,  __________________     (Acknowledgment) (Signature)   ­­-------- (L. 1955 p. 385 § 255, A.L. 1983 S.B. 44 & 45)
MO Rev Stat § 474.200 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.200 - Right of election personal to surviving spouse.

Effective - 28 Aug 1983   474.200. Right of election personal to surviving spouse. — The right of election of the surviving spouse is personal to him. It is not transferable and cannot be exercised after his death; but if the surviving spouse is disabled or a minor, his guardian ad litem or conservator may elect for him with the approval of the court or, on application of an interested person, the court may order his guardian ad litem or conservator to elect for him. ­­-------- (L. 1955 p. 385 § 256, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
MO Rev Stat § 474.220 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.220 - Waiver of right to elect.

Effective - 28 Aug 1955   474.220. Waiver of right to elect. — The right of election of a surviving spouse hereinbefore given may be waived before or after marriage by a written contract, agreement or waiver signed by the party waiving the right of election, after full disclosure of the nature and extent of the right, if the thing or the promise given to the waiving party is a fair consideration under all the circumstances. This written contract, agreement or waiver may be filed in the same manner as hereinbefore provided for the filing of an election. ­­-------- (L. 1955 p. 385 § 258)  (1964) Section 474.220 exclusively controls a will case and section 474.120 applies only to an intestate estate. In re Adelman's Estate (A.), 377 S.W.2d 549. (1964) Surviving widower who had entered into antenuptial contract with wife and received fair consideration therefor and where there had been full disclosure, could not elect to take against wife's will. In re Adelman's Estate (A.), 377 S.W.2d 549.