Saint Robert, MO asked in Land Use & Zoning and Real Estate Law for Missouri

Q: Do ALL property rights pass on to children as heirs if no deed was established prior to death?

Four years ago my grandfather died, without a will, and several family members and I became co-owners of land after probate court, including my uncle. Before anything was deeded, my uncle also passed away last year. My question: Does his share of ownership, as determined in probate court, pass on to the rest of the co-owners (as established in probate) or does it pass onto HIS children as heirs even though he also did not have a will???

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Real Estate Law Lawyer
  • Knoxville, TN

A: Hire a MO attorney to determine heirship. Then execute and record an Affidavit of Heirship as a source of title for the tenants in common. Remember someone has to pay taxes, insurance or a note.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.