Legal Question in Wills and Trusts in Missouri
Mother re-married, dies
5 years after our father died, our mother remarried. They purchased their new home jointly. They moved 3 times upgrading each home. Our mother recently passed away listing little on her will and did not list her most valuable asset, the house. Her husband now lives in the home alone and intends on leaving it to his children, not the children of his deseased wife.
Do the children of a deceased spouse have a claim to a house purchased jointly? If so, how can we make claim to this asset which is not liquid?
Thank you
1 Answer from Attorneys
Re: Mother re-married, dies
You state that your Mother and her husband purchased their homes "jointly". If, in fact, they owned the property in joint names they were as a result of being married and assuming the property was in Missouri tenants "by the entireties", a special form of joint owners. Generally, the survivor of two joint owners owns the property completely as of the moment the first joint tenant dies. So, if everything is as you explained it your Mother's husband owns the property and can do whatever he wants to do with it. You might want to check with the Recorder of Deeds office if you haven't already done so to be sure that the property was owned jointly and not by your Mother and her husband as tenants in common. This would result in your Mother's heirs having an ownership interest. Good luck.
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