Legal Question in Wills and Trusts in Missouri
My father died in 1992 in Missouri, he had no will and I have been paying the real estate and city taxes on he home and property each year. I on,y have one brother , he now wants to put his name and his son on the deed as my father's name is the only one listed. What rights if any do I have if any? I'am now retired and planned on moving in the home. What legal action can I take?
1 Answer from Attorneys
AT the time of your father's death, the title to his home vested in his heirs at law. Assuming that he died a widower, his heirs at law are you and your brother. The problem is that no title company in St. Louis will insure a title without a judicial determination of the identity of the heirs. Since more than one year has passed since your father's death, the appropriate probate proceeding is a Determination of Heirship.
I will be happy to confer with you about this. You and your brither will end up each being a 1/2 owner of the property. If you cannot come to agreement regarding what is to be done, One of you will need to commence a Partition suit in Circuit Court to cause the sale of the property on the Courthouse steps.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
