Legal Question in Wills and Trusts in Missouri

I have been living in my mothers house for 6.5 years while taking care of her. She passed away 2 weeks ago. It was in her will that it wasn't to be sold unless ALL 3 agree and that any of her 3 sons could live there for free. The deed has her's and all 3 sons name on it. My 2 brothers want to kick me out and sell the property. Do I have a legal right to stay here?


Asked on 4/28/11, 4:36 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Until the brother's get teh property partitioned by the court, you all three have rights to teh property. But, probate law assuems taht you aren't the only three , os a love chidl that you never knew about coudl come forward. Therefore, you must relay iont eh wording of the deed. Her will is just a piece of ppaer until it is admitted to probate. Until then, you cannot and therefore should not rely on anything you think is in a will. If you want to do that, get it admitted to probate. so the probate judge can say that the writing is the last will and testatment of the decedent. You might need to meet persoanlly with a probate attorney in your area. Many offer a free or low cost initial consultation.

Read more
Answered on 5/09/11, 5:50 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri