Legal Question in Wills and Trusts in Missouri

Re: Probate/Wills

First of all, whoever gave you that advice about Missouri law was wrong. Always be sure to get your legal advice from an attorney. If your mother and father owned the real estate in joint names then your mother owns the real estate. It would be wise to record an Affidavit of Death with the Recorder of Deeds to bring the title up to date. It would also be wise for your mother to prepare a Beneficiary Deed naming whoeve she intends to take the property upn your mother's death as the beneficiary. This will avoid Probate for the real estate. If your parents owned Certificates of Deposit in joint names, your mother became the sole owner of them upon your father's death. She should consider retititling them in joint names or placing a "P.O.D." on them depending upon what she wants to do after consulting with an attorney. If your father owned anything in is own name at the time of his death, it may be necessary to open a probate estate. An attorney can advise you(or your mother).