Legal Question in Wills and Trusts in Missouri

My stepfather had rights of survivorship to my parents home with my sister and I listed as the beneficiaries. He sold the home and purchased a new one giving my sister and I a title on death deed that had been registered. After he passed the deed went directly to us. Now we find out that he has given his new wife rights to survivorship of this home also. He did have a trust but did not add the new house to it becuz the deed was to be transferred directly to us. Now we have a deed to a house that someone is living in for who knows how long. This is in Missouri. Do we have any rights here to do something about this.


Asked on 1/30/13, 6:10 am

2 Answers from Attorneys

Anthony Smith LawSmith

Based upon the limited amount of facts you provided, it sounds like you and your sister may have waived some of them. You need to consult directly with a Missouri licensed attorney. Perhaps there is one in your area. Much more has to be known, in order to adequately advise you two.

Good luck

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Answered on 1/30/13, 9:08 am
Michael R. Nack Michael R. Nack, Attorney at Law

The above answer is absolutely correct. How do you know that your Dad "gave" his wife rights of survivorship? If he first recorded a Beneficiary Deed naming you and your sibling to take upon his death, and later recorded a deed adding his wife as a joint tenant, then she would own the property since he retained full ownership during his lifetime. If, instead, he only recorded a subsequent Beneficiary deed naming her, all three of you may own the property. Consult with an attorney in your area.

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Answered on 1/30/13, 6:08 pm


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