Legal Question in Wills and Trusts in Missouri
My father left his house to my mother (they were divorced). My father died in March 2008. Shortly after my father's death my mother put the house in my name and my younger brother's name (as my older brother and sister had outstanding unpaid debts in collections and a bankruptcy on their credit records). My mother passed away in December 2009. My sister is insisting on selling the house and contents and splitting the money. My younger brother and I are not in agreement with her. In between my father's death and mother's death, my older brother also died.
She allegedly has sought the advice on an attorney accusing me of taking advantage of my mother and coercing her to not put my sister's name on the house. The clerk at the title company questioned my mother about putting our names on the house and explained that by her signing and making this change she agreed to it and was not coerced into this decision. The deed was witnessed and notarized at that time.
My sister's name is not on the house. Does she have any legal grounds to force my brother and I to sell this and split the money with her? Also, the contents of the house are another topic of concern. She is insisting we have to sell those items as well. My mother had no will and most of those items were my father's which were left in the home that was left to my mother.
1 Answer from Attorneys
Whether you sister has any "legal grounds" is a question of fact. If your mother transferred the house voluntarily and was competent, then the transfer should stand. However, this won't necessarily prevent your sister from trying. The questions posed by the title company clerk are good evidence. The question is really "can she challenge and win".
Technically the personal property should be probated and in all likelihood the proceeds used to pay final expenses, and then split evenly amont children. However, this is expensive and cumbersome in most cases, and if families can work things out usually everybody comes out ahead. The fact that the real estate was transferred does not in and of itself mean that the personal property transferred.