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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Real Estate Law for Missouri on
Q: My brother and I own a house.He pasted away.Is his daughter part owner of the house now.? There was no will.

The deed is in my name and my brother's only.What is his daughter's rights? The house is located in St.Louis City Missouri.The house is vacant.No one is living there.I plan to sell the house.Not in propate

Anthony M. Avery
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answered on Apr 24, 2024

Daughter will be an heir at law, and there may be other heirs. Hire a MO attorney to search the title and determine ownership.

0 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: I have a contract to purchase a home and the seller dies before the closing now son refuses to close

We had a closing date while waiting to close the title company did a title search and sellers son was on the deed. They son who was out of the country was contacted and he sent a POW back to title company for the sister to act as his POW and sign for him at closing. Mom had surgery and... View More

0 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: RE Revocable Trusts, can we sell the home owned by it and how to change successors. The settlor has passed away

Regarding question #1, we live in the house the revocable trust owns. MIL owned it prior to her death, but we made all the payments. The Trust Declaration is unclear about whether we can sell it or not, as we are considering building a new one and selling this one. Possibly even putting the new... View More

0 Answers | Asked in Real Estate Law for Missouri on
Q: We have been under contract to purchase a home for just 3 days. We have a question relating to inspections.

Told seller/trustee was aware of a problem with the septic but they didn't know what and that's all they knew. We went under contract with protection of inspections. When we called inspectors day 1, they asked if the house was vacant and for how long. Several explained that lengthy... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

Anthony M. Avery
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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

Anthony M. Avery
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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I take my ex wife back to court to get my name taken off the mortgage?

My divorce was final in April last year and my ex refuses to see if she would qualify fopr a loan assumption even though I am willing to pay for it. SInce I had to sign the deed over to her, I want my name off the mortgage so my debt to income ratio will come down. Can I take her back to court to... View More

Anthony M. Avery
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answered on Jan 31, 2024

Read your Court Decree. If the mortgage is not addressed then you have no leverage to force her to refinance. If you deeded it to her then you own nothing and have no right to a partition sale. However you are still obligated on the note.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a life estate with 2 remainderman be purchased by 1 remaindermen (1/2 to other) if tenant no longer lives there?

Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.

Anthony M. Avery
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answered on Jan 10, 2024

Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do I need a patent for my land or just a deed
James L. Arrasmith
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answered on Jan 12, 2024

In real estate transactions, a deed is the essential document you need to prove ownership of land. A deed is a legal document that transfers property from one party to another and is recorded with the local government, usually at the county level. This recording provides public notice of your... View More

1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you get a judgement removed from property that was received via beneficiary deed?

My father in law’s house was left to my wife and her two siblings in a beneficiary deed. Her brother had a judgement that attached to the house and we have bought out their interest. Is there anything we can do to remove the lien without him paying the judgment? It’s 16 years old so I’m... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2023

Maybe. Hire an attorney to review the docket to determine whether the judgment has been revived.

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a landlord change the dates of a breach of lease letter
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

Without knowing more, it’s hard to answer your question. For example, does the lease even require a letter advising of a breach as a precondition for filing suit.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Just because I didn't record my contract for deed in Missouri does that mean it is not valid
Anthony M. Avery
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answered on Dec 5, 2023

It does not make it invalid, but it is still only a lease with option to purchase. It is not a deed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We have acreage in Wayne County, Missouri - there are 3 siblings who need it divided up - my question is what has to hap

happen if one of the siblings will not agree to divide it up or pick their part? We are all elderly and need this taken care of quickly. Thank you

Anthony M. Avery
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answered on Nov 27, 2023

A Sale For Partition action will need to be filed. Hire a competent MO attorney.

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