Legal Question in Real Estate Law in Missouri

Inheritance

My wife and I have been seperated for 2 years but we are still legally married. She signed a quit claim deed to the house. If I should die while we are still legally married would she still inherit the house?


Asked on 10/09/08, 12:06 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Inheritance

You say that your wife signed a quitclaim deed, but you don't say whether or not you ever recorded that deed. Was an attorney involved? Did you check to see whether your wife signing the deed triggered a "due on transfer" clause in your mortgage? There are several questions that an attorney should have the answers to before anwering your question specifically. Generally speaking, if you die while you are still married and the property is properly titled in your name alone, then it would presumably be included in your probate estate. At that point, your wife would have at least a claim to at least one half of your probate estate, including the property. It sounds to me as if you should schedule a consultation with an attorney in order to discuss your intentions and your needs. It will be well worth the payment of the attorney's fees to be sure to take care of your property legally so as to accomplish your goals. Good luck.

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Answered on 10/09/08, 11:07 pm


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