Legal Question in Real Estate Law in Missouri

will regarding home

My wife and I own a home with mortgage. We have a will for each of us designating each other as executor and in case of death our son is designated. This is in the state of Missouri. Does our home have to go through probate or is the will sufficient for the son to sell if both of us would pass away? Thank you


Asked on 10/31/08, 11:59 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: will regarding home

From the facts you have given, it appears that you own the property in joint names with your spouse. When the first one of you dies, assuming the other survives, the property is automatically owned by the surviving spouse. If you leave it the way you have it set up, the property will go through probate upon the death of that spouse. You should consult with an attorney about preparing a Beneficiary Deed to avoid probate.

Read more
Answered on 11/02/08, 9:20 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri