Legal Question in Wills and Trusts in Missouri
Jointly Willed Property when One Person Has Cut Family Ties
My father left a will in 1983 willing a chunk of property to myself and three sisters. Three of us immediately signed Quit Claim Deeds giving the property to our brother. The other sister had cut all ties to the family ten years before our father died, and we have now not seen or heard from her for 30 years. Now my brother wants to make out his will, and we are puzzled about this leftover problem of the missing sister. Is there a statute of limitations on the time a person can claim property left in a will? If the sister should appear now, what would be her rights to the property under Missouri probate law?
1 Answer from Attorneys
Re: Jointly Willed Property when One Person Has Cut Family Ties
Before an answer can be given to your several questions, you will need to supply more information. When did your father die? Was teh will admitted to probate? If so, what was done with the missing sister's interest in the property when the estate was closed?
I would be glad to help you, but without the above information, I cannot give you any more information than to say that your brother may will whatever interest he has in the property, and only what interest he has in the property. Your sister might be successful in coming forward now or when your brother dies, and his interests in the property were to be devised to whomever his will designates. There are actions you can take to prevent this.
Good Luck,
Tony Smith
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