Legal Question in Wills and Trusts in Missouri

Property Heir

My dad died without a will so the 20 acres of property went to my mom (10 acres) and 10 acres split evenly between us 3 kids. Mom is taking us to court because we wont sign a quick claim deed giving her all the property. Can she do this? The land did not go thru probate and now it's too late for that.


Asked on 3/08/07, 9:58 am

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Property Heir

In the first place, it is a "quit claim" deed, not a "quick claim" deed. If your father properly left the real estate to his survivors as you state, then you have no legal duty to sign your share over to your mother. If anyone wants to get out of the situation they could file a lawsuit for "Partition" and the court will order the property sold and the money divided up between the owners. Please consult an attorney in your area.

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Answered on 3/08/07, 11:51 pm
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Property Heir

Real estate devolves to heirs as a matter of law, not necessarily probate court action. If the real estate was titled in your father's sole name at the time of his death the property devolved (roughly speaking) 1/2 to surviving spouse and 1/2 to children to be evenly divided among them.

While you are a rightful heir and you mother cannot take away your rights, what she can do is file for partition of the real estate. If you are not represented, she will probably force the sale of the property on the court house steps and bid in at a low price and buy your interest for a bargain price. It is extremely important for the children to be represented to prevent such a result. Contact me if you would like to discuss this further.

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Answered on 3/08/07, 12:31 pm


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