Saint Louis, MO asked in Probate for Missouri

Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one of them. Who is the legal owner of the property?

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1 Lawyer Answer
Lloyd M. Nolan
Lloyd M. Nolan
Answered
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal effect, even though your father may have intended otherwise.

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