Legal Question in Real Estate Law in Missouri

I have a couple of questions about the small real estate of an unmarried, low income person when they pass away. They owned a small run down piece of property (not worth much maybe 7,000.00 ) with a 2 story condemned house on it as well as a small house (remodeled garage) that is currently being rented. (The rental money is put into a bank but not it is not in deceased name) The property has a tax lien on it. This is the first tax lien sale/auction and no one has purchased the lien. There also has not been any probate filed (no one can afford it. There was no will. And no other assets. Also, I am told, attorney's in this small town will not take the case because there isn't any money in it for them.) Would it be wise for someone to go ahead and spend the money and hire an attorney for probate (This is the only property and there is nothing else to be divided). Or should it just be left alone and let the city/County take possession of the property? (Taxes are about $3000.00) What happens to the property if probate is filed since there is tax lien on it? If it goes thru probate who would get paid first, the person who paid for funeral arrangements or the tax lien? Thank you for your time.


Asked on 8/31/11, 11:31 pm

1 Answer from Attorneys
Anthony Smith LawSmith

In most cases where ther are assets, the person who paid for the funeral woudl ahve thier claim paid first. But, a tax lien lessnes the value of the asset in the decedent's estate. The accoutn whre the rnet wa sdepsoited coudl be brought into the estate. If it has been a year since the person died, a surviing heir can Petiiont the court for a Determination of Heirship. Tath woudl pass all the assets to the closst fo kin. Prior to the anniversay fo death, the hiers (or creditors) of the estate may be able to do a small estate. They are much less expensive and easier than a full estate.

Good luck

Read more
Answered on 9/21/11, 1:32 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri