Legal Question in Wills and Trusts in Missouri

my father passed away about a year ago and he didnt leave a will or anything there are 4 of us in a family and my youngest moved into dada house and changed all the locks i was wondering if it was against the the law to go file a quick claim deed to my dads hose


Asked on 12/15/10, 10:49 am

1 Answer from Attorneys

Anthony Smith LawSmith

If you are proposing to forge a deed, then the answer is "yes" it is illegal. If you mean to record a deed that the decedent signed prior to death, but the recipient (grantee) failed to record if prior to death, the grantee might be out of luck, If it has not yet been a year since Dad died, you may apply for letters in the probate court where the house is, or where Dad lived. If it has been more than a year anbd a day since he died, then you may Petition the Court for a determination of heirship. You and your other two siblings may also sue your brother for 3/4 of the fair market rent for the house for the peiod he has lived there.

Good luck

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Answered on 12/21/10, 7:47 pm


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