Section 474.300

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

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.