Legal Question in Wills and Trusts in Missouri

My husband passed away a few years ago. I am still finishing his probate as he died suddenly without a will. My husband owned several properties with his brothers throughout the state of Missouri. Some of these properties have Joint Tenancy with Rights of Survivorship attached. I have two different attorney's working on this case. There seems to be some discrepancy in regards to these properties. On one hand, JTWROS would mean that the properties automatically transfer to the surviving brothers. But one of the attorney's states that on the other hand, MO law does not specifically state what happens to the decedent's portion of the property if he is married at the time of his death with a surviving spouse and children, being that the surviving heirs are entitled to the decedent's estate.

I can see both sides of the argument. However, how we proceed will be up to me. I was just wondering if anyone else had any thoughts on this, just as a way to help me to decide which way I would like to turn.

Thank you,

Jane


Asked on 9/05/14, 12:13 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If the property was marital property, then the decedent may not have owned the joint interest alone. But, if it was seperate property, then the decedent's interest evaporated at their death. This could be s good test case for the appellate court. Ask the second attorney if they'll handle the appeal Pro Bono. If not, ask about the costs before you attack the other joint tenant's interest.

Good luck

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Answered on 9/08/14, 7:06 pm


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