Legal Question in Wills and Trusts in Missouri

Re: Affidavit of Heirs

Your post does not tell us how the sisters took title to the property. Did they receive a deed from the probate court? Did they take as joint tenants or as tenants in common? If joint tenants, then the second one to die owned the property upon the death of the first one.In that case, only the heirs of the last one to die actually stand to inherit the property. If the sisters took the property as tenants in common, then upon the death of the first one to die her heirs inherited her share, and upon the death of the second sister her heirs inherited her share. So, all the heirs would own undivided interests in the property in proportion to the number of heirs of each sister. Some proceeding in probate court might be necessary, but not necessarily. I would suggest that you consult with an attorney and provide all of the details.

Re: Affidavit of Heirs

In some areas a title company will rely on an affidavit as to heirs, particularly where the decedent is a woman. However, if the will alters the beneficiary of the real estate from the intestacy code, it will need to be probated to establish the testamentary right to title. If there are other assets titled in either decedent's name, I recommend probating both estates, one is pursuant to the Will , the other pursuant to the intestacy code. If you would like to discuss the matter, please contact me for an intial no charge consultation.