Legal Question in Real Estate Law in Missouri
My dad left behind a little farm in Missouri. Since he died without a will, my older brother and I had a half share in the farm. But then, I worked on the farm while he moved to NYC. I asked him to move back to Missouri so that both of us could carry on my dad�s legacy. However, he declined, wrote on a piece of paper that I could have the farm! So I worked on the farm for quite some time (since 1988), making it fairly promising. All the neighbors know that the farm belongs to me. But then my brother died, and this son that he had in a wedlock comes claiming that he is the heir to the land! My brother did nothing to keep this farm rolling, and all of sudden this kid waltzes in to claim what my brother forfeited long time ago! My nephew told me something about this Missouri law where I get to keep the land if I had it for ten years or so. What can I do about this? This is infuriating!
2 Answers from Attorneys
Any lawyer is going to need more facts. Did your
Brother have a will ? Has anyone filed a case in
Probate court ?
The ten year period deals with adverse possession. It may
Or may not apply, depending upon the facts.
You could file a partition action.
I'd be happy to discuss further.
You needed to have an attorney represent you on this back at the time your brother wanted to give you his share of the farm. Now, it would appear that his heir might have a valid claim. If your Dad had transferred the property to you and your brother as joint teneants then your brother's heir would have no claim. But, from your post it appears that there was no transfer of the property, just hat your Dad died witihout a Will.
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