The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
The Missouri Certification of Waiver by Attorney for Surviving Spouse is a legal document that allows the surviving spouse of a deceased individual to waive their rights to the estate, assets, and any other benefits they may be entitled to. This certification can only be executed by an attorney representing the surviving spouse. In Missouri, there are two types of Certification of Waiver by Attorney for Surviving Spouse: specific and general. 1. Specific Certification of Waiver by Attorney for Surviving Spouse: This type of certification is used when the surviving spouse wants to waive their rights to a specific property or asset mentioned in the deceased individual's estate. 2. General Certification of Waiver by Attorney for Surviving Spouse: This type of certification is more comprehensive and covers the waiver of rights to the entire estate and all associated assets. When filing the Certification of Waiver by Attorney for Surviving Spouse in Missouri, it is important to ensure that all necessary information is provided accurately, including the names and addresses of the deceased individual, the surviving spouse, and the attorney representing the surviving spouse. The document should also clearly state the intent of the surviving spouse to waive their rights. By executing this legal document, the surviving spouse acknowledges and relinquishes any claims they may have had to the deceased individual's estate and assets. It is essential for both the surviving spouse and the attorney to understand the implications and potential consequences of this waiver before proceeding. Ensure that the Missouri Certification of Waiver by Attorney for Surviving Spouse accurately reflects the wishes and intentions of the surviving spouse, protecting their interests while complying with relevant state laws and regulations. Always consult with an experienced attorney to properly draft and execute this certification.
