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Old 01-13-2010, 01:37 PM
 
Location: Missouri
6,044 posts, read 24,087,707 times
Reputation: 5183

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I have an acquaintence (an elderly woman) whose husband recently passed away. She has been living for many years in a home that was only in the husband's name. The husband left her and the home years ago, but the home remained in his name.
Frankly, the home is a dump and if/when she dies or moves, it probably needs to be torn down. Her family has encouraged her to move into senior housing but she refuses. She has been paying the property taxes, upkeep, etc. all this time.
Now that he has died, what needs to be done? The woman has spoken with her in-laws a bit, but the topic has not come up. We would like to assist her in making sure the deed gets transferred into her name, or at least, that she is not hassled about moving out.
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Old 01-13-2010, 02:21 PM
 
Location: MO
380 posts, read 963,265 times
Reputation: 418
You need to counsel your friend to contact an attorney. Missouri is NOT a community property state. Without her name on the deed, she has no rights of survivorship. The property would pass to his estate where it's value would be subject to any debts he's left behind. If there are children, generally 1/3 of remaining assets would be divided between them and 2/3 would go to her. It could be 1/2 and 1/2 - I'm not that well acquainted with Missouri law.
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Old 01-13-2010, 03:56 PM
 
Location: in a pond with the other human scum
2,361 posts, read 2,536,355 times
Reputation: 2803
I second the advice to consult an attorney, and I AM an attorney. You have no idea how many possibilties exist in the fact situation you described. She could wind up all right, or in any of hundreds of potential "not all right" situations. I do not know, and neither would anyone else here.
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Old 01-13-2010, 10:09 PM
 
Location: Kansas City North
6,816 posts, read 11,536,435 times
Reputation: 17135
I third the advice to contact an attorney. She can't do anything (relative to selling) until it's in her name, except walk away from it. Even if the place is a dump, the lot should be worth SOMETHING.
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Old 01-14-2010, 10:14 AM
 
Location: Missouri
6,044 posts, read 24,087,707 times
Reputation: 5183
Thanks for all the feedback. I had erroneously assumed it would be a simple thing.
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Old 01-16-2010, 11:24 PM
 
1 posts, read 1,681 times
Reputation: 10
christina- i think i can help with your legal question please DM me for more information. THANKS

Last edited by ShadowCaver; 01-17-2010 at 12:23 PM.. Reason: advertising is not allowed...
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