In Re Estate of Ferguson

LAWRENCE E. MOONEY, Judge.

The appellants, the adult children of the decedent, John Henry Ferguson, appeal the probate court’s judgment finding that Ruth Hensler-Ferguson, the decedent’s spouse at the time of his death, is an omitted spouse within the meaning of section 474.235 RSMo. (1994), 1 and thus is entitled to the share of the 'decedent’s estate that she would have received had the decedent died intestate. The appellants allege the probate court erred in conducting a hearing and ruling on the spouse’s omitted-spouse claim while she had a pending election to take against the decedent’s…