Legal Question in Wills and Trusts in Missouri

legal rights

my mother moved in with her brother 14 years ago.in that time they pooled their earnings and payed the bills all in her brothers name.she invested $30000 of her retirement account on an addition to the the house. a quick claim was filed a year ago adding my mother as co owner. her brother has passed away and his son wants what he thinks is rightfully his, the house and contents. a will supposedly exists, the son removed it the evening his father died. Does the son have any right to this property?


Asked on 2/16/07, 2:51 pm

1 Answer from Attorneys
Richard Abraham Abraham & Bauer, LLC

Re: legal rights

IF A QUITCLAIM DEED WAS IN FACT RECORDED IN THE COUNTY WHERE THE HOUSE IS LOCATED, THE PARTIES NAMED ON SAME HAVE LEGAL TITLE WHICH WILL ALSO BE DEPENDANT ON HOW TE Y OWN THE PROPERTY AS JOINT OWNERS (THE SURVIVOR NOW OWNS IT) AS TENANT IN COMMON THE DECEDANTS SHARE GOES INTO HIS ESTATE AND THE OTHER OTHER(S) STILL OWN THEIR FARE SHARE

IF THE HOUSE ONLY LISTS YOUE UNCLE AS AN OWNER, THE HOUSE WILL FLOW INTO HIS ESTATE AND YOUR MOM NEEDS TO FILE A CLAIM IN THE ESTATE FOR ALL OF HER OUT OF POCKETS ETC. IF THE SON DOES NOT OPEN THE ESTATE SHE MAY BE ABLE TO DO AS A CREDITOR. IN NAY EVENT, SHE NEEDS TO GET HER PAPERWORK TOGETHER

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Answered on 2/16/07, 4:46 pm


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