Legal Question in Wills and Trusts in Missouri
My brother died suddenly owing me over $3000 he was remarried in may and died in september. he wife states there is no will. I also own property...with him as tenents in common with right of survivroship. how do i make a claim to get my money back what rights do his new wife have toward the property we owned to gether. we live in Missouri
1 Answer from Attorneys
That is very difficult to answer based on this information. You state that you owned the property as "tenants in common with right of survivorship". Unfortunately, this cannot be true. You either own it as "tenants in common", or "joint tenants with right of survivorship". If it is the former, then your brother's interest must be distributed through probate. Precisely what share his new spouse would receive cannot be determined based on the information available. It is the latter, then you own it - period. As to collecting the $3,000 that would have to be done through some sort of probate proceeding - if it can be done at all. You haven't given enough information to allow further comment on this.
I can be reached at [email protected] if you'd like to provide more information, or if I can be of further assistance.
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