Legal Question in Real Estate Law in Missouri
My father died a little over 3 years ago. I know there is a copy of his will that was supposed to be given to me (before his death) that I never received. Myself, siblings and husbands are being asked to sign a quitclaim deed so my step-mother can refinance the home. She stated that they bought the condo before they were married, so it has her previous married name on the loan and deed, that's why she needs a quitclaim signed. This doesn't make sence because I know in my dad's will, upon the death of him or his wife, whoever passes last the property will go to his daughters, condo to be sold, loan paid and what monies, if any, is left to be divided among his surving daughters. Why would we have to sign a quitclaim for her to re-finance?
2 Answers from Attorneys
In Missouri, a will may be admitted for probate within one year of death. Unless it has already been admitted to probate, it sounds like your father died intestate. Therefore, his property is basically divided one half to his surviving spouse, oand one half to his children not of the surviving spouse. Do not sign a deed until you have consulted directly with a probate attorney in your area.
Good luck
If there isa Will it needs to be filed and a Probate Estate opened. If you know who has the Will but that person will not produce it, there is a legal procedure to attempt getting a Court Order to produce the Will. In regard to the real estate (condo), we would need to know exactly how it is titled before offering any opinion as to who owns it, or what your rights to it might be. Be sure to consult with an attorney prior to signing anything.
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