Legal Question in Wills and Trusts in Missouri

Re: Probate of Parents Estate

Your Dad can take a simple step right now to set things up so that you get the house when he dies and no one has to go through Probate Court. He can sign a Beneficiary Deed naming you as the beneficiary. The Deed gets recorded with the County Recorder of Deeds. He still owns the property and can do anything he likes with it during his life. When he dies, you will record an affidavit of death with the Recorder of Ddeds and you wioll own the property. Do not be afraid, just consult with an attorney in your area. This does not take much time or money and will be extremely worthwhile.

Re: Probate of Parents Estate

If your father desires to execute a beneficiary deed, or other plan, he or you may contact me. If I cannot assist you, I should be able to refer you to someone who can.

You are wise to think ahead. But, you need not let your remaining time with you father be filled with worry for the future. There are mechanisms you and he can take avantage of.

Good Luck

Re: Probate of Parents Estate

If you are an only child the title to the real estate passes to you automatically at your father's death without the need of court action, although, if you father has received Medicaid subsidation, the state can open a probate estate in order to force the sale of the property in order to repay the Medicaid lien. If your father's total assets outside of the value of the house is more than 100,000, he probably did not qualify for medicid. In such event, you have noting to worry about.