Legal Question in Wills and Trusts in Missouri

Transfer of Real Estate to a Beneficiary Designate

How can arrangements be made in Missouri to transfer real estate to a beneficiary designate? There is a deed of trust on the property, so I am certain the bank would be aware. The beneficiary was set up after the deed of trust was recorded. Also, how would this be recorded?


Asked on 8/17/05, 10:42 pm

1 Answer from Attorneys

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

Re: Transfer of Real Estate to a Beneficiary Designate

If I understand your question correctly, it is very easy in Missouri to prepare what is called a "Beneficiary Deed". This deed would transfer ownership of the property only upon the owner's death, and the owner could do anything he or she could otherwise do with the property while alive. I would suggest checking with the lender or the holder of the Deed of Trust to see if there would be any problem. In most cases, the signing and recording of a Beneficiary Deed does not trigger any "Due on sale" clause in the promissory note, since there is no sale and no actual transfer of any property. I hope that this has been helpful for you, and if you need any further assistance, you may call my office for a free telephone consultation at 314-727-2822.

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Answered on 8/20/05, 1:53 pm


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