Legal Question in Wills and Trusts in Missouri

Re: What happens to property with no will

As long as your mother still owns the property, when she passes, her heirs at law can ask that the property be passed by decendency, if no Will or other claim is made. There are time restrictions, and your mother or you should make sure that the taxes are kept up, and that there are no long term squatters on the property.

Your mother could deed the property to you and your siblings, if she so desires. that would make the proeprty yours now. She could do a beneficary deed to tpass it to you at her passing. Of course, there are many other ways to deal with this and other portions or her estate.

Good Luck

Re: What happens to property with no will

Your Mother should consider executing and recording a Beneficiary Deed in which she names the persons she wants to take the property upon her death and specifically states wheter they take the property as joint tenants or tenants in common. Or, if she dies owning the property in her name alone, then a probate estate will need to be opened in the county where the property is located. In most cases the property would be sold so that the money could be divided between your Mother's heirs, after the legal process is completed, costs and fees deducted, and so forth. You should encourage your Mother to contact an attorney to handle the Beneficiary Deed as soon as possible.