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Missouri Real Estate Law Questions & Answers
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: 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 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, 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: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on
Q: Hello, I recently purchased a new construction home and the builder is completely ignoring my warranty items.

They are not responding to my calls or emails. Do you have any advice on what I should do next?

T. Augustus Claus
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answered on Aug 2, 2023

If your new construction home has warranty issues and the builder is unresponsive, follow these steps:

Document the problems with photos and descriptions.

Review the warranty contract to confirm coverage.

Send a certified letter to the builder outlining the issues and...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Missouri on
Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?

Anthony M. Avery
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answered on Jun 22, 2023

An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest,... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 2, 2023

There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More

1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
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answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

Son, Zach who is still alive. Bill died in California, we live in missouri.

Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More

Nina Whitehurst
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answered on Apr 30, 2023

First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html

Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants...
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1 Answer | Asked in Real Estate Law and Estate Planning for Missouri on
Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 22, 2023

There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house in Missouri 2021. my foundation started bowing ,2 chimneys also. Never informed of severity in the

Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 28, 2023

Based on the limited information provided, you could possibly have an action for failing to disclose known defects against the sellers of the property. In such an action, you would have the burden of proving that the sellers knew of the defects in the foundation and knowingly failed to disclose... View More

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate agent make false claims about another agent to take their clients?

Had another real estate agent calling clients that I had worked with and telling them that I had retired and that I had referred them to her. I’m concerned that this is affecting my business.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

If you can prove that such a statement was made and you can prove that you were financially damaged and if you are willing to pay an attorney to file suit for you, go for it. Also, make sure the other agent has insurance or funds to pay any judgment you might obtain.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Purchased home in 2/2021, recently found structural damage from old water damage that was not disclosed. Options?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you have proof that the seller knew of the problem and failed to disclose, you could have an attorney assert a claim for violation of Missouri's Merchandising Practices Act (MPA). That's Missouri's consumer protection statute. On my website, there is an article you might find... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: How to have un-wanted house-guests who have over-stayed their welcome out asap in MO?

Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... View More

Anthony M. Avery
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answered on Jan 4, 2023

It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 3, 2023

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for...
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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My mother passed away in MO & has a reverse mortgage. How long do we have to sell the home & pay back the loan balance?

MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 25, 2022

The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... 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 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.

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