Legal Question in Real Estate Law in Missouri
Real Estate Title Transfer/Will
My grandfather (deceased) willed his residence to his 3rd wife and his 3 daughters in the following manner; His wife received 1/2 ownership with a living estate clause and each daughter received 1/3 share of the remaining 1/2 equaling a 1/6 share each. My mother passed away in 2004 and her share was automatically transferred to her childern(4) as stipulated in grandfathers will, and of which, I am one. His wife was placed in a nursing home last year and she relinquished her estate and share of the property to my Aunts via quitclaim deed. The property I believe is still listed in his name (Etal) and I am trying to find out how to have it retitled to specify who etal is and to what percentage does each party have title....
The spirit of his will was for each of his daughters to be entitled to an equal 1/3 share of the property upon the death of his surviving wife. There is no quarrel regarding this issue at present but I would like to make sure that it is spelled out legally to avoid any future problems. My concern is that somewhere down the line one or both Aunts may attempt to claim that they own 1/4 + 1/6 of the property and us kids(4) only own 1/6 since my mother wasn't represented on the quitclaim for the wife�s' 1/2 interest
2 Answers from Attorneys
Re: Real Estate Title Transfer/Will
Based upon the facts you describe, your aunts may be correct in stating that you and your siblings combined own a 1/6 interest in the property and each aunt owns 5/12's of the property.
If you intended that the surviving 3rd spouse got only a life estate and not a 1/2 interest plus a life estate the answer would be different.
Keep in mind that a Will is just a paper until the probate court says it is the decedent's will. There is only limited time in which to get a Will admitted to probate. If you wait to long to get the estate opened, you may get nothing under intestacy. If aprobate estate has been opened and thge will admitted, then it is the job of the personal represtantive to get the title sraightened out. You, as an heir or devisee can Petition the court to force the personal representative to dispurse the property.
Yours is a complicated matter. Since you are out of state, you are not likely to be able to follow up on the probate needs. I suggest you retain counsel in or near the county where your grandfather's property is. If it is within 75 miles of Kansas City, I suggest David Anderson of Anderson & Price, PC.
Good Luck
Re: Real Estate Title Transfer/Will
Your fact situation is far too complex for any attorney to answer in a free, public legal forum environment. Any answer might publically disclose confidential matters which could benefit opposing parties, and any answer in this scenario could involve malpractice risk for the attorney--hence few would attempt it for free. You should therefore retain an experienced real estate/probate attorney as soon as possible.
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