Legal Question in Wills and Trusts in Missouri
Missouri Beneficiary Deed
I understand that if the Grantee Beneficiary of a Beneficiary Deed in Missouri is married, his/her spouse has to give permission for him/her to be named as the Grantee Beneficiary. If the spouse is named as Grantee Beneficiary along with that person in joint tenancy with right of survivorship is it necessary to get the spouses permission? If so, is there a seperate form that must be signed or is there wording that is included on the Beneficiary Deed and a place for the spouse to sign it to give permission? If so, what is the wording that needs to be included? Also, is there a problem with naming a joint tenancy with right of survivorship as Grantee Beneficiary of the Beneficiary Deed?
1 Answer from Attorneys
Re: Missouri Beneficiary Deed
Where did you get the idea that a spouse needs the permission of his or her spouse to be named a beneficiary under a Beneficiary Deed? I am aware of no such legal requirement. In fact, I am quite sure that Beneficiary Deeds are executed all the time which name an individual as beneficiary without specific reference to that person's marital status. Also, in most counties there is no requirement for a beneficiary to even sign a Beneficiary Deed since it is the Grantor, not the Grantee who is making a potential transfer of real estate. Some counties may require the beneficiary to sign for the purpose of being able to access the record using either a grantor or grantee index, but this would be the exception not the rule. I know of no legal problem with naming two people as beneficiaries to take the property as joint tenants, although legal problems may arise later if the two people actually receive the property and then disagree on what to do with it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
