Legal Question in Real Estate Law in Missouri

When a home owner dies in testate,does a person who has made the lot rent and utility payments on that person's mobile home for nearly two years have any legal claim to file to have the title changed to their name? It is not one of the legal heirs .They cannot afford the payments or legal fees.The home and contents are of under $15,000 value.Besides the legal cost for even the short probate form,the heirs do not want the title in their names.The only claims to the estate when the home is sold are funeral costs paid by relatives.


Asked on 1/22/15, 11:49 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Based upon the facts you described, there seems to be no basis for tracfer to a non heir, without a sale. If the matter is not addressed through the probate Court, at least a quiet title action may be needed, for such a person to have any claim of ownership. If such a person had not been living in the property, or was paying separate rent to the homeowner, they may have a claim for reimbursement from the estate. Possibly the easiest non-probate procedure would be to guy the property from the presumed heirs at law, wait a year, and bring a quiet title action in the Circuit Court of the county where the home sits. Of course, if there are any recorded leins, those would have to be resolved.

Good luck

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Answered on 1/23/15, 8:47 am


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