Missouri Revised Statutes
Chapter 461 - Nonprobate Transfers Law
Section 461.059 - Omitted spouse or child, probate rules do not apply — after-born child or after-adopted child, effect on nonprobate transfers.

Effective - 28 Aug 1995
461.059. Omitted spouse or child, probate rules do not apply — after-born child or after-adopted child, effect on nonprobate transfers. — 1. No law intended to protect a spouse or child from unintentional disinheritance by the will of a testator shall apply to a nonprobate transfer.
2. A beneficiary designation designating the children of the owner or any other person as a class and not by name shall include all children of the person, whether born or adopted before or after the beneficiary designation is made.
3. If a beneficiary designation names an individual who is a child of the owner, and if the owner has a child born or adopted after the owner makes the beneficiary designation, the after-born or after-adopted child shall be entitled to receive a fractional share of any property otherwise transferable to any child of the owner who is named in the beneficiary designation, computed as follows: the numerator of the fraction shall be one, and the denominator shall be the total number of the owner's children, whether born or adopted before or after the beneficiary designation was made and whether named or not in the beneficiary designation. The property otherwise transferable to the owner's children named in the beneficiary designation shall be reduced in the proportion that their shares bear to each other. If there is no share designated for any child of the owner an after-born or after-adopted child shall receive no share of the property subject to the nonprobate transfer.
4. A beneficiary designation, a governing instrument or the rules of any transferring entity may provide that the after-born child rule does not apply, in which case after-born and after-adopted children of the owner shall receive no share of property designated for named children of the owner.
5. A transferring entity shall have no obligation to apply subsection 3 of this section in making distribution with respect to property registered in beneficiary form. This exception for the transferring entity shall not affect the ownership interest of the after-born or after-adopted child.
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(L. 1989 H.B. 145 § 36, A.L. 1995 S.B. 116)

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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.