Kansas City, MO asked in Estate Planning and Probate for Missouri

Q: I co owned property in Missouri with another person with rights of survivorship the other co owner died recently

He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the distribution of assets, it would be important to review it to see if any specific instructions were provided regarding personal belongings. If there was no will or if the will does not address personal property, Missouri intestacy laws may dictate how the deceased co-owner's belongings are distributed.

As a surviving co-owner with rights of survivorship, you generally have the right to full ownership of the property upon the death of the other co-owner. However, this typically pertains to the real property itself rather than personal belongings left on the premises. Personal belongings left by the deceased co-owner may be considered part of their estate and subject to distribution according to applicable laws.

It may be advisable to consult with a legal professional experienced in Missouri real estate and probate law to understand your rights and obligations regarding the personal belongings left on the property. They can provide guidance on how to proceed in handling and potentially distributing the belongings in accordance with the law and any applicable legal documents. Additionally, open communication and cooperation with the deceased co-owner's estate executor or family members may help facilitate a smooth resolution regarding the personal belongings left on the property.

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