Bernskoetter v. Kixmiller

I respectfully dissent. My reasons for doing so are twofold.

First, an action for fraud of marital rights must be brought in the name of the surviving spouse, and the personal representative of the deceased spouse’s estate, contrary to the majority opinion, lacks standing to bring such an action. Section 474.150, RSMo 1978; and Matter of Estate of Curtis, 663 S.W.2d 420, 424-25 (Mo.App.1983). Section 474.150, supra, clearly says what it means, and if it means what it says, as this writer believes it does, then actions for fraud of marital rights must be brought in the name of the surviving…