Legal Question in Wills and Trusts in Missouri

My father died in 1992 in Missouri, he had no will and I have been paying the real estate and city taxes on he home and property each year. I on,y have one brother , he now wants to put his name and his son on the deed as my father's name is the only one listed. What rights if any do I have if any? I'am now retired and planned on moving in the home. What legal action can I take?

Asked on 8/10/11, 9:54 am

1 Answer from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

AT the time of your father's death, the title to his home vested in his heirs at law. Assuming that he died a widower, his heirs at law are you and your brother. The problem is that no title company in St. Louis will insure a title without a judicial determination of the identity of the heirs. Since more than one year has passed since your father's death, the appropriate probate proceeding is a Determination of Heirship.

I will be happy to confer with you about this. You and your brither will end up each being a 1/2 owner of the property. If you cannot come to agreement regarding what is to be done, One of you will need to commence a Partition suit in Circuit Court to cause the sale of the property on the Courthouse steps.

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Answered on 8/10/11, 10:09 am

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