Legal Question in Wills and Trusts in Missouri
Death of a married man with no will.
My uncle was married when he died. He didnt have a will, and he owned a house that has been a family home for 40 years. Can his wife take the house?
2 Answers from Attorneys
Re: Death of a married man with no will.
Who is on the deed? If your uncle transferred the house into his and his wife's name, then she gets the house. If not, and if he is the only owner of record, then the house would go through probate court, be sold and she would be able to claim up to one half of the estate. Of course, he could also have signed a Beneficiary Deed during his lifetime so that twhoever is named to take the house on the Beneficiary Deed woudl get it. There are actually a lot of possibiliies. You should consult with an attorney. If you do not already have one, you may call me for a consutltation.
Re: Death of a married man with no will.
Who is on the deed? If your uncle transferred the house into his and his wife's name, then she gets the house. If not, and if he is the only owner of record, then the house would go through probate court, be sold and she would be able to claim up to one half of the estate. Of course, he could also have signed a Beneficiary Deed during his lifetime so that twhoever is named to take the house on the Beneficiary Deed would get it. There are actually a lot of possibilities. You should consult with an attorney. If you do not already have an attorney, you may call me for a consutltation.
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