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
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Answered
  • 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.

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