Legal Question in Wills and Trusts in Missouri

i have my house and property in mine and my brothers names, if i die does the house and estate go to my brother or will it go to probate? also if my brother is married and he divorces before i die does his wife have any leagle rights tomy house


Asked on 1/10/12, 11:47 am

1 Answer from Attorneys

Anthony Smith LawSmith

It is unclear wht you mean by "property" so, I can only address the house. Whether your broither wil have to go through probate to get the house depends a lot on how you have it in your name and his. If you have so that he he has right of survivorship, then when one of you dies the house can become the sole property of the other, without the assistance of the probate court. . If it is in your name TOD "brother's name" then he cna probably do this.

If you are married at the tiem of yrou death,. then that can muddy the waters, and it isn't so clear as to how he woudl; go about getting it into his name only. If your bother divorces after you make this contingetn deed,and befor eyou pass, then the ex spouse may indirectly get partial comnpensation, as the value of the house may be considered part of his assets, in the property division of the divorce. If they divorce after you pass, then the house might still be considered in dividing up theri other assets.

You did nto say who prepared your trnasfer documents. Perhaps they can advise you as to yru brother's postion, shoudl you predecease him. Otherwise, you will need to consult direlcty with another attorney in your area. These things are fact specific. You don't have enough space here to provide all the facts, in order to get a complete answer to yrou questions. Many attorneys offer a free or low cost initial consultation. Make an appointment to meet with one, and take all your relevant documents with you.

Good luck

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Answered on 1/10/12, 12:14 pm


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