Legal Question in Real Estate Law in Missouri

My mother inherited money when her parents died. She bought land in Hawaii in her name and her common law husband's names they "divorced". My mother fears my father will die in debt and the land in Hawaii will go to pay that debt. She told me to help her put the land into a trust to protect it. It WON"T protect it from this will it? What can she do?


Asked on 11/19/15, 6:18 am

1 Answer from Attorneys

Anthony Smith LawSmith

If they are divorced, the land was part of the property divided. If she was too retain the land, she might just need to get the quiclaim deed recorded. However, that is really a question of Hawaii, not Missouri law. Consult with a Hawaii licensed attorney about what mechanism is best to transfer the property from him and her to just her. If this property was not dealt with in the divorce, perhaps a new Motion and Order in that case are appropriate. Either way, once the property is just in her name, she should be able to transfer it to a trust. But, again she should consult with a Hawaii attorney ad to any restriction or requirements in doing do.

Good luck, and thank you for helping your Mother.

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Answered on 11/20/15, 6:30 am


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