Missouri Revised Statutes
Chapter 461 - Nonprobate Transfers Law
Section 461.051 - Marriage dissolution or annulment — revocation of transfer to former spouse or relative of spouse, exception — remarriage to spouse, nullification of annulment, effect, relative of the owner's spouse, defined.

Effective - 28 Aug 1995
461.051. Marriage dissolution or annulment — revocation of transfer to former spouse or relative of spouse, exception — remarriage to spouse, nullification of annulment, effect, relative of the owner's spouse, defined. — 1. If, after an owner makes a beneficiary designation, the owner's marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner's former spouse or a relative of the owner's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the beneficiary designation refers to marital status. The beneficiary designation shall be given effect as if the former spouse or relative of the former spouse had disclaimed the revoked provision.
2. Subsection 1 of this section does not apply to a provision of a beneficiary designation that has been made irrevocable, or revocable only with the spouse's consent, or that is made after the marriage was dissolved, or that expressly states that marriage dissolution shall not affect the designation of a spouse or relative of a spouse as beneficiary.
3. Any provision of a beneficiary designation revoked solely by this section is revived by the owner's remarriage to the former spouse or by a nullification of the marriage dissolution or annulment.
4. In this section, "a relative of the owner's former spouse" means an individual who is related to the owner's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the owner by blood, adoption or affinity.
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(L. 1989 H.B. 145 § 34, A.L. 1995 S.B. 116)
(2001) State statute providing that designation of spouse as beneficiary of a nonprobate asset was automatically revoked upon divorce held to be invalid as preempted by Employee Retirement Income Security Act (ERISA). Egelhoff v. Egelhoff ex rel. Breiner, 121 S.Ct. 1322, 149 L.Ed.2d 264.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXI - Trusts and Estates of Decedents and Persons Under Disability

Chapter 461 - Nonprobate Transfers Law

Section 461.001 - Transfers on death, certain provisions deemed nontestamentary, exceptions.

Section 461.003 - Law, how cited.

Section 461.005 - Definitions.

Section 461.009 - Nonprobate transfers not subject to requirements of a will — effect with or without consideration.

Section 461.011 - Transferring entity acting as agent for owner subject to nontransfer law, agency does not end with death of owner, duties.

Section 461.012 - Nonprobate transfers subject to agreement of transferring entity, when.

Section 461.014 - Transferring entity, obligation resulting from acceptance and registration.

Section 461.021 - Beneficiary designation under written instrument or law, effect.

Section 461.023 - Assignments effective on death of owner — delivery, effect.

Section 461.025 - Deeds effective on death of owner — recording, effect.

Section 461.026 - Procedure to transfer tangible personal property to take effect on death of owner.

Section 461.027 - Transferor may directly transfer property to a transferee to hold as owner in beneficiary form — transferee shall be owner of property for all purposes — transfer effective, when.

Section 461.028 - Registration of property, including accounts and securities in beneficiary form, effect.

Section 461.031 - Effect of beneficiary designation on ownership of property during lifetime and at death.

Section 461.033 - Revocation or change of beneficiaries designation.

Section 461.035 - Agents may not make, revoke or change beneficiary unless document establishes agent's right or court order authorizes — authorized withdrawals may extinguish beneficiary's right to transfer.

Section 461.037 - Property designated for a beneficiary if lost, destroyed, damaged or involuntarily converted, during owner's lifetime, effect.

Section 461.039 - Effect of collateral conveyances or liens on property subject to nonprobate transfer.

Section 461.042 - Survival required.

Section 461.043 - Beneficiary designation designating a trustee under trust not invalid because trust is amendable or revocable — trust that is revoked, terminated or does not exist at death of owner, effect.

Section 461.045 - Lineal descendant substitutes.

Section 461.048 - Disclaimer.

Section 461.051 - Marriage dissolution or annulment — revocation of transfer to former spouse or relative of spouse, exception — remarriage to spouse, nullification of annulment, effect, relative of the owner's spouse, defined.

Section 461.054 - Disqualification for fraud, duress and undue influence and causing owner's death — proceeding to determine disqualification.

Section 461.059 - Omitted spouse or child, probate rules do not apply — after-born child or after-adopted child, effect on nonprobate transfers.

Section 461.062 - Nonprobate transfer rules.

Section 461.065 - Transferring entity, protection.

Section 461.067 - Rights of owners and beneficiaries — improper distribution, liability of distributee — purchasers from distributee protected.

Section 461.071 - Rights of creditors.

Section 461.073 - Scope and application of law.

Section 461.076 - Jurisdiction of probate division of circuit court.

Section 461.079 - Beneficiary designation valid under law of another state enforceable in Missouri — effect of transfer determined by local law selected in document or designation.

Section 461.081 - Nonprobate transfer laws to be effective when — prior transfers to be valid.

Section 461.300 - Recipients of recoverable transfer to pay pro rata share of all property received to cover statutory allowances and claims due estate, enforced by action for accounting, time limitation — action effect on transferring entity.