Missouri Revised Statutes
Chapter 474 - Probate Code — Intestate Succession and Wills
Section 474.300 - Effect of death of spouse or child or marriage of minor on family and homestead allowances.

Effective - 28 Aug 1965
474.300. Effect of death of spouse or child or marriage of minor on family and homestead allowances. — Death of a surviving spouse within the one year period for which the allowance is provided under section 474.260, for his maintenance, shall not affect the right of the surviving spouse to the allowance or the ordering thereof by the court. If an unmarried minor child dies, marries or comes of age, no allowance shall be made under section 474.260 for his maintenance for any period after such death, marriage or coming of age. When a surviving spouse dies without having received the homestead allowance, it may be paid or may be allowed to the unmarried minor children. If an unmarried minor child entitled to homestead allowance dies, marries or comes of age before his homestead allowance has been made, and within the time for applying for it, he shall not be entitled to the allowance, but if he dies, marries or comes of age after it has been allowed but before it was paid, he shall be entitled to it.
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(L. 1955 p. 385 § 138A, A.L. 1965 p. 637)
(1960) Where surviving spouse died without applying for homestead allowance, her estate was not entitled to such allowance although its application was timely made. Schubel v. Bonacker (Mo.), 331 S.W.2d 552.

Structure Missouri Revised Statutes

Missouri Revised Statutes

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

Chapter 474 - Probate Code — Intestate Succession and Wills

Section 474.010 - General rules of descent.

Section 474.015 - Failure to survive decedent by 120 hours deemed predecease of decedent — consequences.

Section 474.020 - Lineals take per capita and per stirpes, when.

Section 474.030 - Partial intestacy.

Section 474.040 - Collaterals of half blood inherit, how.

Section 474.050 - Posthumous children to inherit.

Section 474.060 - Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined.

Section 474.070 - Legitimation by marriage.

Section 474.080 - Issue of void or dissolved marriage, legitimate.

Section 474.090 - Advancements counted against share, when — evaluation.

Section 474.100 - Alienage no bar to descent.

Section 474.110 - Curtesy and dower abolished.

Section 474.120 - Inheritance and statutory rights deemed waived, when.

Section 474.130 - Estate conveyed determines on failure of contractual bar.

Section 474.140 - Inheritance and statutory rights barred on misconduct of spouse.

Section 474.150 - Gifts in fraud of marital rights — presumptions on conveyances.

Section 474.155 - Contract to make will or devise, revoke or not revoke will or devise, or to die intestate, how established.

Section 474.160 - Election by surviving spouse to take against will, effect.

Section 474.163 - Valuation of estate, how determined.

Section 474.170 - Notice of right to elect.

Section 474.180 - Time for making of election.

Section 474.190 - Form of election, filing.

Section 474.200 - Right of election personal to surviving spouse.

Section 474.220 - Waiver of right to elect.

Section 474.230 - Effect of failure to elect to take against will.

Section 474.235 - Share of omitted spouse.

Section 474.240 - Share of omitted children, how determined.

Section 474.250 - Exempt property of surviving spouse or minor children.

Section 474.260 - One year support allowance, property in lieu thereof — allowance exempt from all claims.

Section 474.270 - Exempt property applied for, when.

Section 474.280 - Proceeds of sale of exempt property paid over, when.

Section 474.290 - Homestead allowance — partition of real estate selected, procedure — waiver.

Section 474.293 - Provision of family allowance by independent personal representative — limitations — relief by court.

Section 474.300 - Effect of death of spouse or child or marriage of minor on family and homestead allowances.

Section 474.310 - Who may make will.

Section 474.320 - Will form, execution, attestation.

Section 474.330 - Who may witness will — effect of interest in will.

Section 474.333 - Will may provide for disposal of personal property by separate list.

Section 474.337 - Written will self-proved, how.

Section 474.340 - Nuncupative wills.

Section 474.350 - Revocation of nuncupative will.

Section 474.360 - Written will valid if executed in compliance with law.

Section 474.370 - Foreign wills, recorded when, evidence.

Section 474.380 - Probate of foreign wills.

Section 474.382 - Wills and trusts, English translation required, costs.

Section 474.390 - Contest of foreign will.

Section 474.395 - No-contest clauses, application of, petition may be filed — definition.

Section 474.400 - Revocation of wills.

Section 474.410 - Revocation of subsequent will also revokes first will — exception.

Section 474.420 - Change in circumstances — divorce.

Section 474.425 - Property given by testator during life treated as satisfaction of devise, when — valuation.

Section 474.430 - Court to conform to directions of will.

Section 474.435 - Class gift terminology includes certain persons and relationships, how determined.

Section 474.440 - Bond to convey does not revoke devise.

Section 474.450 - Encumbrance does not revoke devise — exoneration, when.

Section 474.455 - Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions.

Section 474.460 - Testator surviving devisee, effect.

Section 474.463 - Exchange of securities not to adeem specific legacy.

Section 474.465 - Failure of devise to become part of residue.

Section 474.470 - Rule in Shelley's case abolished, effect.

Section 474.480 - Devise deemed to convey fee simple, when.

Section 474.500 - Wills of land to be recorded, where.

Section 474.510 - Deposit of will in court in testator's lifetime.

Section 474.520 - Construction of will.

Section 474.530 - Wills heretofore probated, effect — evidence.