Legal Question in Real Estate Law in Missouri
general waranty deed
The best way for me to ask this question is to first show you the document,This indenture,entered into this day of Sept '76 by and between ''Fathers name'',single by divorce granted by the circuit court of ****** county,Mo.on date Sept'76 and ''mothers name'' ,single by divorce granted by***********************Sept'76,hereafter called parties of the first part,neither of wich have since the divorce remarried,and Fathers name,oldest sib. name ,my name ,third sib name,fourth sib name,being father and four children of ***** county,Mo.parties of the second part,
witnesseth,that the parties of the first part ,in consideration of the sum of **** dollars and other good and valuable consideration to them paid by the parties of the second part ,to the receiept and adequacy of wich is hereby acknowledged, do by these present ,grant,bargain and sell,convey and confirm,unto the said ''fathers name''for his full life,of the remainder in fee to those of the following class who survive him ''Siblings Names''the following described real estate in **** county Mo.to wit.
Now my question is ,How can my father deed of 1/4 of the said property to one of the siblings with out consent or acknowledgement of other three siblings?
1 Answer from Attorneys
Re: general waranty deed
The title company, if one is involved, should catch this problem. If they haven't, then let them know. Perhaps the deed was misrecorded, therefore giving the father interest in fee.
But, as you have described, assuming the recording was doen right, the father can only give a deed or interest in the life estate that he has. You can only convey what you have. If he only has alife estate, he can only convey all or part of his life estate.
Good Luck,
Tony Smith
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