Legal Question in Real Estate Law in Missouri

House deeded to son

The family house was deeded over to my husband by his father in 1993. His mother was deceased and now his father just died. His brother now wants 1/2 of the house, even though it is not even his house legally. Is there anything he can do to get this house?


Asked on 3/24/01, 9:46 am

1 Answer from Attorneys

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

Re: House deeded to son

If your father-in-law transferred ownership of the real estate while he was still alive, then it is obviously not in his estate subject to any claims of inheritance by your husband's brother. However, it may still be possible for your husband's brother to file suit seeking to have the transfer set aside under various legal theories such as "fraud", or perhaps under a theory of a "constructive trust" or even a "resulting trust" depending upon the facts or at least the alleged facts. If your husband's brother makes any attempt to legally acquire an interest in the property, it would be advisable for your husband to hire legal counsel. Please feel free to call me at 314-727-2822 for a free consultation if I may be of any assistance. Thank you.

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Answered on 5/30/01, 11:20 pm


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