Legal Question in Real Estate Law in Missouri

My mother recently died on the 11th of April this year. She was granted the house that we currently live in, and she lived in until her death, from her ex-husband in the divorce. The divorce was in July of 2002 and he never signed the house over to her fully. He said because he didn't want her to get a loan & loose the house in forclosure. On the day of her death he told me he was going to sign the house over to me, because that is what my mother wanted. If he changes his mind, what legal rights do I have?


Asked on 5/03/11, 6:08 am

1 Answer from Attorneys
Anthony Smith LawSmith

The house probably belongs to her ex husband for now. You may have to open a probate estate for yrou mother, to get it at all, if he does not sign it over to you. You may have top briong the divorce decree in as evidence to show that the house was to be all hers. If the house wa snto all in his name (many couples have both spouses names on deeds) then he can only sign over to you what is his. You might still have to go through probate to get the portion that was hers. You might want to consult direclty with aprobate attoney in yrou area soon. You only have a short period in which to open the estate. As an heir, you might still be able to get the court to pass the house to you, if you miss the date to open an estate, but it is almost always better not to miss that dead line.

Good luck

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Answered on 5/03/11, 10:09 am


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