Missouri § 474.300 Effect of death of spouse or child or marriage of minor on family and homestead allowances.

Missouri Statutes

§ 474.300 — Effect of death of spouse or child or marriage of minor on family and homestead allowances.

Missouri § 474.300

Title XXXITRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Ch. 474Probate Code — Intestate Succession and Wills

This text of Missouri § 474.300 (Effect of death of spouse or child or marriage of minor on family and homestead allowances.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 474.300 (2026).

Text

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

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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.

Legislative History

(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.