Legal Question in Real Estate Law in Missouri
My sister passed away suddenly and did not leave will. We all know that she was going to leave the house to her son and daughter, the daughter lived with her all her life and has no palce to go. Her brother has a apt. and don't need it, he said his sister needs it. So how do they go about in getting their name on house, the house is paid for. I would really appreciate if you could help us, the daughter is so upset about it, she kind of slow and does not have any income, her brother helps her.
1 Answer from Attorneys
Depending upon the familu make-up and the amount of assets your sister owned at her death, an estte may need to be opened to transfer the assets within a year. If a year passes after her death and no estate has been opened, the two children can petition the court for a determination of heirship. This is basically asking the court to transfer the property to the heirs at law, as the time for anyone to present a Will has passed. Your nephew could disclaim his interest in the entire estate, or deed his interest to the house to his sister. They should both consult directly with an attorney in the area where your sister and neice lived. Let me know if you need a referral in their area. Good luck
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