Legal Question in Wills and Trusts in Missouri

I have an 84 year old mother. My oldest brother moved into her house when my father died five years ago.

IF she dies, she wants the house sold and the money split between all of the children.

My question is, would my brother have the legal rights to the house if she died simply because he lives with her now? Or would we be able to carry out her wishes?


Asked on 12/26/09, 11:20 am

2 Answers from Attorneys
Richard Herndon Richard J. Herndon, Attorney at Law

Living in a house with someone in and of itself generally gives no rights to the occupant unless there is some documentary action in addition. Why doesn't Mom take some positive action such as preparating a trust, will, or beneficiary deed?

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Answered on 1/03/10, 9:31 am
Michael R. Nack Michael R. Nack, Attorney at Law

The above answer is exactly correct. Your mother should contact an attorney to help her set things up just as she wants them to be.

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Answered on 1/11/10, 7:20 pm


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