Legal Question in Real Estate Law in Missouri

Survivorship

In Jan 2002 grandmother passed,owned home in Mo., she had 3 children,1of which died Jan 2003. Grandmothers home now selling. Do the proceeds get split between 2 surviving children or 2 surviving and estate of deceased child??


Asked on 2/10/03, 11:19 am

1 Answer from Attorneys

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

Re: Survivorship

In order to answer your question an attorney would have to know how the real estate was titled prior to Grandma's death. If it was held together with all three children as joint tenants, then it passed upon her death to all three children. If it was then held by all three of them as joint tenants it passed to the two survivors upon the death of the one child. The answer would be somewhat more complicated if the property was held by any combination at any time as tenants in common. Under this scenario, the children of the deceased child may have an interest in the property. If you are located in the Eastern half of the state and would like a free telphone consultation, you may call me at 314-727-2822.

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Answered on 2/10/03, 9:09 pm


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