Legal Question in Real Estate Law in Missouri

We have been taking care of my mother in law she has passed away leaving estate to bothe kids together. What are our rights to continue to live in the house.


Asked on 2/08/15, 11:31 am

1 Answer from Attorneys

Anthony Smith LawSmith

If your mother-in-law left a will, it has to be admitted to probate within a year, to be effective, so contrary arrangements would need to occur soon, if your spouse wants to mimize the legal fees. After a year, the house would go by inheritance. Tfile.

may exclude or include more than the siblings.

If the siblings agree, you may be able to buy out the in-law, and stay there. If not, the property may have to be sold. If it isn't sold, your spouse will owe one half the fair market rent, minus one half of what you pay for taxes, improvements and maintenance. If you improve the value of the property, th sibling may owe one half of the improvements to your spouse when the property does sell.

Too often people assume the worst, and hunker down for a battle. In many cases they create tge conflict. If you and your spouse reach out to the sibling, you might find that they will agree to let you stay at n exchange for paying them a small amount in rent and agreeing to do all the maintenance and repairs. Perhaps, this can be done through an attorney. If your spouse is interested in having me negotiate a deal with the sibling, she may contact me by email. Please have her up something about the recently deceased mother's house in the subject line. These postings here are anonymous, and I would want to rescue the email if it goes to the spam file.

Good luck

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Answered on 2/09/15, 4:46 pm


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